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Napoli v. First Unum Life Ins. Co.

Bond trader who underwent by-pass surgery after a heart attack is not ?permanently disabled.'

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Judge Martin

NAPOLI v. FIRST UNUM LIFE INS. CO. — Plaintiff Louis R. Napoli, a bond trader, has not worked since November 29, 1996, when he suffered a heart attack at work and had emergency by-pass surgery. After a period in which he received payments from the Defendant under a disability insurance contract, Defendant notified Plaintiff that they were terminating his benefits because it had determined that he was not permanently disabled. Plaintiff then commenced this action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §1001 et seq., seeking to compel Defendant to continue paying him under his disability contract. Defendant now moves for summary judgment on the ground that the administrative record supports its determination that Plaintiff is not permanently disabled.

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