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DORSEY v. PROVIDENT LIFE AND ACC. INS. CO.

No. CIV. A. 01-1072.

167 F.Supp.2d 846 (2001)

Cheryl DORSEY, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant.

United States District Court, E.D. Pennsylvania.

October 5, 2001.

Attorney(s) appearing for the Case

Jon C. Lyons, Lancaster, PA, for plaintiff.

Richard L. McMonigle, Jr., Post & Schell, P.C., Philadelphia, PA, Steven J. Schildt, McKissock and Hoffman, P.C., Philadelphia, PA, for defendant.

MEMORANDUM AND ORDER

KATZ, Senior District Judge.

Now before the court are cross-motions for summary judgment in the above-captioned action filed under the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. § 1001 et seq. Because the court finds that the insurance company's decision to deny benefits was arbitrary and capricious, the plaintiff's motion for summary judgment is granted and the defendant's motion for summary judgment...

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