Legal Opinion

Baxter v. Sun Life Assurance Co.

District Court, N.D. Illinois

Decided June 7, 2011No. Case No. 09-CV-3818Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, JR., District Judge.

Plaintiff Ted Baxter seeks judicial review of the final decision of Defendant Sun Life Assurance Company of Canada to offset Plaintiffs long-term disability benefits with a malpractice settlement that Baxter received from Evanston Hospital. The question before the Court is whether Sun Life’s decision to offset Plaintiffs long term disability (“LTD”) benefits by a portion of his tort settlement was arbitrary and capricious. For the reasons set forth below, the Court finds that Sun Life’s decision was not reasonable in light of the…

2Cases cited28 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
  3. Black & Decker Disability Plan v. NordSupreme Court of the United States · 2003
  4. Susan E. Hess v. Hartford Life & Accident Insurance CompanyCourt of Appeals for the Seventh Circuit · 2001
  5. Tamyra S. Bowerman v. Wal-Mart Stores, Incorporated and Associates' Health and Welfare PlanCourt of Appeals for the Seventh Circuit · 2000

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