JACQUELYN K. CHU v. THE PAUL REVERE LIFE INSURANCE COMPANY

Case No. 15-14357.

JACQUELYN K. CHU, Plaintiff, v. THE PAUL REVERE LIFE INSURANCE COMPANY, Defendant.

United States District Court, E.D. Michigan, Southern Division.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Insurance Contract
Nature of Suit: 110 Insurance
Source: PACER


Attorney(s) appearing for the Case

Jacquelyn K Chu, DDS, Plaintiff, represented by Troy W. Haney , Haney Law Office, P.C..

The Paul Revere Life Insurance Company, Defendant, represented by K. Scott Hamilton , Dickinson Wright.


ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, (Doc. 11), AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, (Doc. 13)

AVERN COHN, District Judge.

This is a disability insurance case. On February 1, 2017, the Court held a hearing on Plaintiff's Motion for Summary Judgment under Fed. R. Civ. P. 56, (Doc. 11), and Defendant's cross Motion for Summary Judgment, (Doc. 13). For the reasons stated on the record as supplemented by this order, plaintiff's motion is GRANTED and defendant's motion is DENIED. See Morinelli v. Provident Life & Acc. Ins. Co., 242 Mich.App. 255, 261-64 (Mich. Ct. App. 2000) (citing 10A Couch, Insurance, 3d, § 146) ("Care `appropriate for the condition causing the disability' is care that is necessary and causally related to the condition forming the basis of the disability claim.").

There is no evidence in the record to support a finding that carpal tunnel syndrome surgery will enable plaintiff to return to the practice of dentistry and particularly to perform the important duties associated with that profession.

SO ORDERED.


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