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06-2388 - Huberty v. Standard Insurance Company


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06-2388 - Huberty v. Standard Insurance Company
March 25, 2008
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ORDER denying 22 Motion for Summary Judgment; granting in part and denying in part 28 Motion for Summary Judgment. Huberty's motion for summary judgment 28 is GRANTED IN PART as follows: The Court DECLARES that Huberty was entitled to long-term disability benefits under the long-term disability insurance policy in the record for the period from September 20, 2000 through January 15, 2002. Standard is ORDERED to pay benefits to Huberty in accordance with the terms of the long-term disability policy in the record for the period from September 20, 2000 through January 15, 2002. The Court DECLARES that Huberty was entitled to short-term disability benefits under the short-term disability insurance policy in the record for the period from December 1, 2003 through December 14, 2003. Standard is ORDERED to pay benefits to Huberty in accordance with the terms of the short-term disability insurance policy in the record for the period from December 1, 2003 through December 14, 2003.Standard is ORDERED to consider Huberty's claim for long-term disability benefits from December 15, 2003 forward in accordance with this order and with the terms of whatever long-term disability insurance policy was in effect at that time. Huberty's motion for summary judgment is DENIED in all other respects. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on 03/25/08. (bjs)