Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1 :04-cv-01305-KAJ Document 30 Filed 07/25/2006 Page 1 of 1
» IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CLAIRE E. HAWKSLEY, CIVIL ACTION No. 04—CV—1305 (KAJ)
Plaintiff Z
v. :
UNUM LIFE INSURANCE COMPANY OF
AMERICA, et al. : —
Defendant.
UNUM LIFE INSURANCE COMPANY OF AMERICA’S
MOTION FOR SUMMARY JUDGMENT AND/OR
JUDGMENT THROUGH A NON-JURY DETERMINATION
Pursuant to Federal Rules of Civil Procedure 52(a) and 56, Defendant Unum Life
Insurance Company of America (“Unum”) moves for summary judgment and/or for a judgment
through a non-jury determination on Plaintiffs Complaint. Untun is entitled to summary
judgment in its favor because the denial of Plaintiffs claim for long-term disability benefits was
neither arbitrary nor capricious.
WHEREFORE, for the reasons set forth above and in the Brief in Support, which
is incorporated herein in its entirety, Unum respectfully requests the Court to grant its motion for
summary judgment and/or for judgment through a non—jury determination.
i Dated: Iuly@_§2006 STEVENS & LEE p
By:
Walter P. McEvilly,/Ir
Attorney I.D. 0660
Kirk L. Wolgemuth
Attorney Pa. I.D. 45792
1105 North Market Street, Suite 700
Wilmington, DE 19801
(302) 425-3300
Attorneys for Defendant
Unum Life Insurance Company of America
su 649303Vl/OlO305.00l79