WERTHEIM v. HARTFORD LIFE INS. CO.

No. CIV.A. 02-1392-A.

268 F.Supp.2d 643 (2003)

David A. WERTHEIM, Plaintiff, v. HARTFORD LIFE INSURANCE CO., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

June 24, 2003.


Attorney(s) appearing for the Case

Raymond Donald Battocchi, Gabeler, Battocchi, Griggs & Powell P.L.L.C., McLean, VA, for Plaintiff.

David Edward Constine, III, Ashley Lionel Taylor, Jr., Troutman, Sanders L.L.P., Richmond, VA, for Defendant.


MEMORANDUM OPINION

ELLIS, District Judge.

At issue on cross-motions for summary judgment in this claim for disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., are the following questions:

(1) Where, as here, the plan administrator did not issue a written denial letter to plaintiff after more than two years of consideration, whether plaintiffs claim for disability benefits should...

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