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Richard v. Hartford Life and Accident Insurance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 6, 2009

PATRICIA LYNN RICHARD, PLAINTIFF,
v.
THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Defendant, Hartford Accident and Life Insurance Company, moves for summary judgment dismissing plaintiff's amended complaint for long-term disability benefits ("LTD Benefit") under a policy issued to plaintiff's former employer. Plaintiff opposes and cross-moves for summary judgment granting her LTD Benefits on the grounds that the defendant's decision to deny was arbitrary and capricious.

Oral argument was heard on April 21, 2009, in Utica, New York. Decision was reserved.

Upon a detailed review of all the submissions, including the administrative record, the defendant's decision to deny plaintiff's claim for LTD Benefits was supported by substantial evidence including, but not limited to, physicians' reports and opinions, a medical review, video surveillance, and plaintiff's statements. Although one might disagree with the final decision, after two appeals, it was clearly not arbitrary and capricious.

Therefore, it is ORDERED that

1. Defendant's motion for summary judgment is GRANTED;

2, Plaintiff's cross-motion for summary judgment is DENIED; and

3. The amended complaint is DISMISSED.

The Clerk is directed to enter judgment accordingly. IT IS SO ORDERED.

20090506

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