Free Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court has noted in a previous Order (Doc. 27) that Defendant John Alden has asserted in an Amended Answer that Defendant Fortis, Inc., is not a proper party to this lawsuit.
Case 2:03-cv-02383-MHM Document 73 Filed 11/28/2005 Page 1 of 2
1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Mary O'Dowd,

) ) Plaintiff, ) ) vs. ) ) ) John Alden Health Insurance Company;) Fortis Health; Fortis, Inc.; et al., ) ) Defendants. ) ) )

No. CIV-03-2383 -PHX-MHM JUDGMENT

On September 22, 2005, the Court entered an Order granting Plaintiff's cross-motion for summary judgment and denying Defendants' motion for summary judgment. (Doc. 65). The Court having ruled in favor of Plaintiff on the parties' cross-motions for summary judgment, IT IS ORDERED: (1) That Judgment shall be entered in favor of the Plaintiff and against the Defendant John Alden Health Insurance Company1 as to all claims; (2) That Defendants shall resume coverage and payment for Plaintiff's nutritional formula (Jevity), and related equipment and supplies, as a covered benefit

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3)

under the Plan, commencing from the date coverage ceased as identified and agreed upon by the parties and as supported by the facts of this case, including interest accrued as appropriate and costs of any penalty or penalties assessed against Plaintiff as a result of Defendant's failure to provide coverage and benefits, subject to all terms and conditions of the Plan, including deductible, co-payment, co-insurance amounts as appropriate; That Plaintiff may file an application for attorneys' fees and related nontaxable expenses in accordance with applicable authority, including statutes and rules as appropriate, and Rules of Practice LRCiv. 54.2. DATED this 22rd day of November, 2005.

-2Case 2:03-cv-02383-MHM Document 73 Filed 11/28/2005 Page 2 of 2