Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Vizinat v. Unum Life Insurance Co. of America

United States District Court, W.D. Louisiana, Lafayette Division

April 9, 2019

JAMES CRAIG VIZINAT
v.
UNUM LIFE INSURANCE COMPANY OF AMERICA

          CAROL WHITEHURST MAG. JUDGE.

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE.

         Pending 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 Vizinat'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.

         For the following reasons, Unum's Motion for Summary Judgment is GRANTED.

         I. FACTS AND PROCEDURAL HISTORY

         Unum 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:

CERTIFICATE SECTION
. . . 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 PROCEEDINGS?
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 federal law.
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 under:
• a workers' 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 attorney's fees) by judgment, settlement or otherwise.

         Vizinat 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.