Olkowski v. Prudential Insurance Co. of America

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the court are cross-motions for summary judgment. For the reasons stated herein, plaintiff’s motion will be granted and defendant’s motion will be denied.

I. FACTS

The parties have stipulated to all the relevant facts. The defendant is an insurance company. The plaintiff was furnished by his employer, M & S Foreign Car Service (“M & S”), with group term health and life insurance coverage under an “Employer Plan,” underwritten by the defendant. Under this policy, both the plaintiff and his wife had health care insurance coverage. All…