Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02344-RPM

Document 28

Filed 10/18/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 03-cv-02344-RPM TRACY (CARTER) DeFRANCESCO, as personal representative of the Estate of Clement J. DeFrancesco, Jr., Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant.

JUDGMENT

Pursuant to the Order on Cross Motions for Summary Judgment, entered by Senior Judge Richard P. Matsch on October 18, 2005, it is ORDERED AND ADJUDGED that the complaint is dismissed and the defendant is awarded its costs upon the filing of a bill of costs within ten days. It is FURTHER ORDERED AND ADJUDGED that defendant UNUM Life Insurance Company of America shall recalculate the amount of monthly benefits owed to Mr. DeFrancesco, offset by the award of Social Security Disability Benefits, under the terms of the amended Policy with an effective date of October 1, 2001, and the difference between this recalculated amount and the amount already paid to Mr.

Case 1:03-cv-02344-RPM

Document 28

Filed 10/18/2005

Page 2 of 2

DeFrancesco shall be paid to his Estate. Dated: October 18, 2005 GREGORY C. LANGHAM, CLERK s/M.V. Wentz

By_____________________________ Deputy