United States District Court, W.D. Louisiana, Lafayette Division
WHITEHURST MAG. JUDGE.
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
before the Court is a Motion for Summary Judgment [Doc. No.
37] filed by Defendant Unum Life Insurance Company of America
(“Unum”). Unum moves the Court for summary
judgment on the basis that Plaintiff James Craig
Vizinat39;s (“Vizinat”) claims under the
Employment Retirement Benefits Act (“ERISA”), as
amended, 29 U.S.C. § 1001, et seq., are
untimely. Vizinat opposes the motion.
following reasons, Unum39;s Motion for Summary Judgment is
FACTS AND PROCEDURAL HISTORY
issued Group Policy 521 344 001 to CXY Energy, Inc.
(“CXY”) with an effective date of January 1, 1998
(“the Policy”). The Policy provided group long
term disability (“LTD”) coverage to eligible
employees of CXY. In pertinent part, the Policy provides:
. . . When making a benefit determination under the policy,
UNUM has discretionary authority to determine your
eligibility for benefits and to interpret the terms and
provisions of the policy.
WHAT ARE THE TIME LIMITS FOR LEGAL
You can start legal action regarding your claim 60 days after
proof of claim has been given and up to 3 years from the time
proof of claim is required, unless otherwise provided under
WHAT ARE DEDUCTIBLE SOURCES OF INCOME?
UNUM will subtract from your gross disability payment the
following deductible sources of income:
1. The amount that you receive or are entitled to receive
• a workers39; compensation law
• an occupational disease law
• any other act or law
with similar intent.
3. The amount that you, your spouse and your children receive
or are entitled to receive as disability payments because of
your disability under:
• the United States Social Security Act
6. The amount that you receive under Title 46, United States
Code Section 668 (the Jones Act).
7. The amount that you receive from a third party (after
subtracting attorney39;s fees) by judgment, settlement or
was employed by CXY and was a participant in the LTD plan
sponsored by his employer. Vizinat was injured in a
work-related accident on February 1, 1999, and ...