Ackerman v. Fortis Benefits Insurance

DECISION AND ENTRY SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE QUESTION OF WHETHER THE LONG-TERM DISABILITY BENEFITS PLAN AT ISSUE IS GOVERNED BY ERISA; DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. # 8-2) SUSTAINED IN PART AND OVERRULED IN PART; PLAINTIFF DIRECTED TO FILE, WITHIN 10 DAYS OF DATE, NOTICE OF WHETHER SHE INTENDS TO PROCEED WITH HER BREACH OF CONTRACT CAUSE OF ACTION, RE-CHARACTERIZED HEREIN AS ONE ARISING UNDER ERISA

RICE, Chief Judge.

Plaintiff Joyce Ackerman (“Ackerman”), along with her husband and son, filed the underlying civil action in the Montgomery…