Free Answer to Complaint - District Court of California - California

Case 3:08-cv-01150-L-NLS

Document 6

Filed 08/28/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

BURKE, WILLIAMS & SORENSEN, LLP Michael B. Bernacchi (SBN 163657) [email protected] 444 South Flower Street, Suite 2400 Los Angeles, CA 90071-2953 Telephone: 213.236.0600 Facsimile: 213.236.2700 Attorneys for Defendant Cardinal Health, Inc., Group Long Term Disability Benefit Plan

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MICHAEL MOI, Plaintiff, v. CARDINAL HEALTH, INC., GROUP LONG TERM DISABILITY BENEFIT PLAN, Defendant.

Case No. 08 CV 1150 L NLS DEFENDANT'S ANSWER TO COMPLAINT

Defendant Cardinal Health, Inc., Group Long Term Disability Benefit Plan ("Defendant") hereby answers the Complaint of Plaintiff Michael Moi by admitting, denying, and alleging as follows:

1.

Responding to the allegations of paragraph 1, Answering Defendant is

informed and believes and, on that basis admits, that Plaintiff is a resident of the State of California, County of San Diego.

2.

Responding to the allegations of paragraph 2, Answering Defendant

admits the allegations of said paragraph. ///
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CASE NO. 08 CV 1150 L NLS DEFENDANT'S ANSWER TO COMPLAINT

Case 3:08-cv-01150-L-NLS

Document 6

Filed 08/28/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

3.

Responding to the allegations of paragraph 3, Answering Defendant

admits that as an employee of Cardinal Health, Inc., Plaintiff was eligible to participate in group long-term disability coverage under the group long-term disability plan sponsored by Cardinal Health, Inc., which is governed by the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. § 1001, et seq. The long-term disability plan was funded through a group insurance policy purchased from Continental Casualty Company and was administered by Hartford Life and Accident Insurance Company. Except as expressly admitted or alleged herein, Answering Defendant denies each and every allegation of said paragraph.

4.

Responding to the allegations of paragraph 4, Answering Defendant

admits that jurisdiction is invoked by the existence of a federal question arising under ERISA.

5.

Responding to the allegations of paragraph 5, Answering Defendant

admits that while working for Cardinal Health, Inc., Plaintiff made a claim for longterm disability benefits under the Cardinal Health, Inc. Long Term Disability Plan. Plaintiff's claim was approved and he was paid long-term disability benefits until approximately October 2007, at which time his claim was terminated. Answering Defendant further admits that Plaintiff appealed the decision. On or about March 26, 2008, Hartford informed Plaintiff that the termination of his claim was being upheld on appeal. Except as expressly admitted or alleged herein, Answering Defendant denies each and every allegation of said paragraph.

6.

Responding to the allegations of paragraph 6, Answering Defendant

admits that while working for Cardinal Health, Inc., Plaintiff made a claim for longterm disability benefits under the Cardinal Health, Inc. Long Term Disability Plan.
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CASE NO. 08 CV 1150 L NLS DEFENDANT'S ANSWER TO COMPLAINT

Case 3:08-cv-01150-L-NLS

Document 6

Filed 08/28/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

Plaintiff's claim was approved and he was paid long-term disability benefits until approximately October 2007, at which time his claim was terminated. Answering Defendant further admits that Plaintiff appealed the decision. On or about March 26, 2008, Hartford informed Plaintiff that the termination of his claim was being upheld on appeal. Except as expressly admitted or alleged herein, Answering Defendant denies each and every allegation of said paragraph.

7.

Responding to the allegations of paragraph 7, Answering Defendant

admits that while working for Cardinal Health, Inc., Plaintiff made a claim for longterm disability benefits under the Cardinal Health, Inc. Long Term Disability Plan. Plaintiff's claim was approved and he was paid long-term disability benefits until approximately October 2007, at which time his claim was terminated. Answering Defendant further admits that Plaintiff appealed the decision. On or about March 26, 2008, Hartford informed Plaintiff that the termination of his claim was being upheld on appeal. Except as expressly admitted or alleged herein, Answering Defendant denies each and every allegation of said paragraph.

FIRST AFFIRMATIVE DEFENSE

8.

Plaintiff's claims should be dismissed because Answering Defendant

discharged its duties with respect to the Plan solely in the interest of Plan participants and beneficiaries and, in so doing, acted in accordance with the documents and instruments governing the Plan.

SECOND AFFIRMATIVE DEFENSE

9.

Plaintiff's claims should be dismissed because Answering Defendant

did not act arbitrarily or capriciously in administering Plaintiff's claim, but rather
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CASE NO. 08 CV 1150 L NLS DEFENDANT'S ANSWER TO COMPLAINT

Case 3:08-cv-01150-L-NLS

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Filed 08/28/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

acted reasonably, on the basis of substantial evidence, and in accordance with the documents and instruments governing the Plan.

THIRD AFFIRMATIVE DEFENSE

10.

Plaintiff's claims should be dismissed because he was not disabled in

accordance with the terms and provisions of the Plan.

FOURTH AFFIRMATIVE DEFENSE

11.

Plaintiff's claims should be dismissed because he failed to demonstrate

his continued eligibility for benefits under the terms and provisions of the Plan.

FIFTH AFFIRMATIVE DEFENSE

12.

Any claim Plaintiff may have for disability benefits due to a

mental/nervous disorder under the terms of the Plan is limited to two years.

SIXTH AFFIRMATIVE DEFENSE

13.

To the extent that a court holds that Plaintiff is entitled to benefits,

which he is not, Answering Defendant is entitled to an off-set for any additional other income benefits that should be taken into account in calculating his LTD benefits, including but not limited to any benefits he has received from the Social Security Administration or workers' compensation coverage. /// /// ///
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CASE NO. 08 CV 1150 L NLS DEFENDANT'S ANSWER TO COMPLAINT

Case 3:08-cv-01150-L-NLS

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

WHEREFORE, Answering Defendant Cardinal Health, Inc., Group Long Term Disability Benefit Plan pray for judgment as follows:

1.

That Plaintiff take nothing by reason of his Complaint;

2.

For costs of suit incurred herein, including attorneys' fees; and

3. proper.

For such other and further relief as the Court may deem just and

Dated: August 28, 2008

Burke, Williams & Sorensen, LLP By: /s/ Michael B. Bernacchi Michael B. Bernacchi Attorneys for Defendant Cardinal Health, Inc., Group Long Term Disability Benefit Plan

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CASE NO. 08 CV 1150 L NLS DEFENDANT'S ANSWER TO COMPLAINT

Case 3:08-cv-01150-L-NLS

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Filed 08/28/2008

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