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

Case 1 :04-cv-01470-JJF Document 20 Filed 09/12/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHARON MARMON-KACZOROWSKI *
Plaintiff *
v. *
Civil Action No.: 04-1470
CONTINENTAL CASUALTY *
COMPANY

Defendant

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Defendant, Continental Casualty Company ("Continental"), by and through undersigned counsel, pursuant
to Fed. R. Civ. P. 56, hereby moves this Court for an Order entering summary judgment in its favor. In support of
its motion, Continental states as follows:
1. Continental has been named as a defendant in a lawsuit filed by Plaintiff Sharon
Marmon-Kaczorowski (“Plaintiff’ or "Ms. Marmon—Kaczorowski").
2. Plaintiffs Complaint is foundec upon a claim for long-term disability benefits
pursuant to a Continental Policy (Policy Number iSR—83090156) (the "Plan") issued to an employee welfare benefit
plan maintained by Plaintiffs employer, Computer Sciences Corporation.
3. As this case involves a claim made pursuant to an employee welfare benefit plan,
Plaintiffs claim is governed by federal law, namely the Employee Retirement Income Security Act ("ERISA") of
1974, as amended 29 U.S.C. § 1100, et. seq. and § 1132.
4. Specifically, this matter arises fom a dispute over the denial of long—term disability benefits
claimed under a disability income insurance policy issued by Continental to the Plan. The Plaintiff has alleged that
Continental improperly denied disability benefits to her which were due under the Plan.
5. Continental is entitled to summaryjudgment in its favor because Plaintiff did not
qualify for benefits under the Plan as she did not satisfy the definition of"Disability" as provided in the Plan.
6. The Court’s review of Continental’s determination is properly limited to the
evidence contained within Continental’s administrative record at the time of its determination. A complete copy of
the administrative record available to Continental at the time of its determination has been filed contemporaneous

Case 1 :04-cv-01470-JJF Document 20 Filed 09/12/2005 Page 2 of 2
hereto as exhibits to the Affidavit of Joye M. Kelly, and is incorporated herein by reference.
7. There are no material facts in dispute in this case, and judgment is appropriate as a matter of law in
favor of Continental.
8. The grounds and authorities in sipport of this Motion are set forth more fully in the Memorandum
of Law in support hereof, which is filed contemporaneous hereto and incorporated herein by reference.
WHEREFORE, Defendant, Continental Casualty Company, respectfully requests that this Court issue an
Order granting summary judgment in its favor, along with any further relief to which this Court deems it entitled.
Respectfully submitted,
/s/
David G. Culley, Fed. Bar No. 2141
Susan A. List, Fed. Bar No. 3752
TYBOUT, REDFEARN & PELL
300 Delaware Avenue, Suite 1 100
P.O. Box 2092
Wilmington, Delaware 19899
(302) 658-6901
/s/
.l. Snowden Stanley, Jr.
SEMMES, BOWEN & SEMMES
250 West Pratt Street
Baltimore, Maryland 21201
(410) 539-5040
Attorneys for Defendant
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