Abate v. Hartford, 471 F.Supp.2d 724 (E.D.Tex. Jul 27, 2006) (NO. CIV.A. 1:05-CV-690)
Judge: Marcia Crone
Holding: Motions for Summary Judgment Granted in Part
Hartford moved for summary judgment on the plaintiff's claim that its decision to terminate payment of his long term disability benefits constituted an abuse of discretion. The plaintiff also sought summary judgment on his claim that Hartford abused its discretion in terminating his benefits in violation of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (“ERISA”). Judge Crone ruled that Hartford's Motion for Summary Judgment should be denied, Hartford's Motion to Strike should be denied, the plaintiff's Motions to Supplement the Administrative Record should be granted, and the plaintiff's Motion for Summary Judgment should be denied as premature in light of the remand of this case to the plan administrator.