Carnaghi v. Phoenix American Life Insurance

ORDER

FORRESTER, District Judge.

This matter is before the court on Plaintiffs motion for summary judgment [10-1]; Defendant’s motion for summary judgment [12-1]; and Defendant’s motion to exceed the page limit [13-1].

I. Background

A. Procedural History

Plaintiff, Richard Carnaghi, filed suit on May 9, 2001, in the Superior Court of Douglas County, against Defendant, Phoenix American Life Insurance Company, 1 alleging that Defendant arbitrarily and capriciously denied his application for long term disability benefits in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”),…