Legal Opinion

Kirby v. Siemens Corp. Group Life, Medical, Dental, Vision, Hearing, & Long Term Disability Income Plan

District Court, M.D. Florida

Decided February 28, 2013No. Case No. 6:10-cv-1228-Orl-28DABPublished

1Opinion of the Court

ORDER

JOHN ANTOON II, District Judge.

Larry Kirby brings the instant action pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. The case presents issues regarding Kirby’s entitlement to long-term disability (“LTD”) benefits and to paralysis benefits under a life insurance plan.1 The case is currently before the Court on cross-motions for summary judgment (Docs. 30 & 31).2 Having considered the *1309parties’ filings, the Court concludes that both motions must be granted in part and denied in part.

I. Background

Many of the facts are undisputed. Kirby was employed…

2Cases cited10 opinions

  1. Blankenship v. Metropolitan Life InsuranceCourt of Appeals for the Eleventh Circuit · 2011
  2. Curry v. Contract Fabricators Inc. Profit Sharing PlanCourt of Appeals for the Eleventh Circuit · 1990
  3. J.W. Counts v. American General Life And Accident Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1997
  4. Perrino v. Southern Bell Telephone & Telegraph Co.Court of Appeals for the Eleventh Circuit · 2000
  5. Louis Schwartz v. Florida Board of RegentsCourt of Appeals for the Eleventh Circuit · 1987

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