Unum Life Insurance Co. of America v. Epes

ORDER

WM. R. WILSON, JR., District Judge.

In this ERISA 1 case, Plaintiff Unum Life Insurance Company of America (“Unum”) seeks to recover alleged over-payments made to Defendant Wooten Epes (“Epes”). 2 Epes counterclaims for reinstatement of his benefits, and for back payments. 3 Pending are cross-Motions for Summary Judgment (Doc. Nos. 18, 22). 4

Unum’s Motion for Summary Judgment is GRANTED IN PART (because Unum properly terminated Epes’s benefits) and DENIED IN PART (because Unum cannot recover the overpayments).

Epes’s Motion for Summary Judgment is GRANTED IN PART (because Epes is entitled…