Dorsey v. Provident Life & Accident Insurance

MEMORANDUM AND ORDER

KATZ, Senior District Judge.

Now before the court are cross-motions for summary judgment in the above-eap-tioned action filed under the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. § 1001 et seq. Because the court finds that the insurance company’s decision to deny benefits was arbitrary and capricious, the plaintiffs motion for summary judgment is granted and the defendant’s motion for summary judgment is denied.

I. Background

Plaintiff Cheryl Dorsey brings this action against the defendant, Provident Life and Accident Insurance (Provident), following…