Bomis v. Metropolitan Life Insurance

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

I. FACTS:

This matter is before the Court on the parties’ Cross-Motions for Summary Judgment. Plaintiff Karlis Bomis filed the instant suit against Defendant Metropolitan Life Insurance Company (“MetLife”) alleging that Defendant failed to pay long term disability insurance benefits. Defendant filed a counterclaim alleging it was entitled to reimbursement because it overpaid Plaintiffs benefit. Defendant states in its motion that the counterclaim may be dismissed because Plaintiff has reimbursed MetLife.

Plaintiff originally filed the action in…