Melenofsky v. Aetna Life Insurance Company, No. 2:2020cv11222 - Document 37 (E.D. Mich. 2021)
Court Description: ORDER granting 27 Defendant's Motion for Summary Judgment, and denying 25 Plaintiff's Motion for Summary Judgment. Signed by District Judge Terrence G. Berg. (AChu)
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Dockets.Justia.com BRIAN MELENOFSKY AETNA LIFE INSURANCE COMPANY Melenofsky v. Aetna Life Insurance Company ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Doc. 37 GRANTED DENIED. I. BACKGROUND A. Plaintiff’s health Id. See B. ALIC’s disability plan see also C. Initial grant and subsequent reversal of benefits See Id. Id. Id. Id. Id. Id. see also D. Appeal of termination Id. Id. Id. II. STANDARD OF REVIEW Firestone Tire and Rubber Co. v. Bruch See See See Osobka v. Metro. Life Ins. Co. Hess v. Metro. Life Ins. Co. See Perry v. United Food & Comm'l Workers District Perez v. Aetna Life Insurance Co. Smith v. Ameritech Calvet v. Firstar Finance, Inc. Magdziak v. Metro. Life Ins. Co. Id. Black & Decker Disability Plan v. Nord III. ANALYSIS Shaw v. AT & T Umbrella Ben. Plan No. 1 Fura v. Fed. Express Corp. Long Term Disability Plan A. Review of evidence See ignored those B. Conflict of interest Metro. Life Ins. Co. v. Glenn Id Univ. Hosps. of Cleveland v. Emerson Elec. Co. Osborne v. Hartford Life & Acc. Ins. Co. Cf. Shaw, C. Consideration of social security opinion DeLisle v. Sun Life Assur. Co. of Canada Whitaker v. Hartford, Id. Id. D. Lack of physical examination Calvet v. Firstar Finance, Inc. Shaw Shaw maintain terminate See CONCLUSION GRANTED DENIED. PREJUDICE SO ORDERED DISMISSED WITH
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