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06-3265 - Meehan et al v. Atlantic Mutual Insurance Company


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06-3265 - Meehan et al v. Atlantic Mutual Insurance Company
January 30, 2008
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ORDER: Plaintiffs' and Defendants' motions for summary judgment are GRANTED IN PART AND DENIED IN PART 24 and 29. See attached Memorandum and Order. The Court finds that Defendants' denial of benefits was arbitrary and capricious only to the extent that they eliminated the Supplement retroactively to February 2004; otherwise the Court finds that Defendants' decision to eliminate the Supplement was not arbitrary and capricious. The parties are hereby directed to submit a proposed judgment within 30 days of the date of this Memorandum and Order. Upon entry of judgment, the Clerk shall close this case. Ordered by Senior Judge Denis R. Hurley on 1-30-08.(Hurley, Denis)