Legal Opinion

Givens v. Prudential Insurance Co. of America

District Court, W.D. Missouri

Decided January 20, 2011No. Case 09-4135-CV-C-NKLPublished

1Opinion of the Court

ORDER

NANETTE K. LAUGHREY, District Judge.

Plaintiff David Givens (“Givens”) claims that the Prudential Insurance Company of America (“Prudential”), wrongfully terminated his benefits under a long-term disability plan (“plan”) in violation of the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001, et seq. (“ERISA”). Prudential denies this claim, arguing that Givens was able to be gainfully employed in alternate occupations and, thus, did not qualify for benefits under the plan beyond twenty-four months. Pending before the Court are cross-motions for summary judgment [Docs. # 29; # 30],…

2Cases cited17 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
  3. Black & Decker Disability Plan v. NordSupreme Court of the United States · 2003
  4. Beverly D. Woo v. Deluxe Corp., Hartford Life Insurance Co., Doing Business as Itt Hartford, Inc., Sued as Hartford Life Insurance Co.Court of Appeals for the Eighth Circuit · 1998
  5. Hackett v. Xerox Corp. Long-Term Disability Income PlanCourt of Appeals for the Seventh Circuit · 2003

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