Igor Velikanov v. Fortis Benefits Company et al, No. 2:2007cv06871 - Document 47 (C.D. Cal. 2009)

Court Description: FINAL JUDGMENT by Judge Florence-Marie Cooper: 1. Based on the Courts Order on Administrative Review and the Findings of Fact, Plaintiff IGOR VELIKANOV shall have judgment against defendant UNION SECURITY INSURANCE COMPANY forrecovery of unpaid long term disability benefits under the Capstone TurbineCorporation Long Term Disability Plan, for a period of at least 90 days after Plaintiff ceased working on April 15, 2005. 2. Plaintiffs claim for benefits beyond the 90-day period is remanded to Defe ndant for distribution of benefits in accordance with the Courts Order dated July 28, 2009; 3. Pursuant to the LTD Plans terms, no benefits are payable for the first 90 days an insured is disabled and, therefore, no benefits are payable to Plaintiff for the 90-day period after Plaintiff ceased working on April 15, 2005. 4. To the extent Defendant requires anything further from Plaintiff for the continuation of benefits under the LTD Plan, Defendant shall make written request to Plaintiff and provide all requisite forms and information pursuant to the terms of the LTD Plan; and 5. Within 45 days of the entry of this Judgment, Plaintiff, as the prevailing party, may move for an award of attorneys fees and costs. (lc)