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TROLSON v. NEW YORK LIFE INSURANCE COMPANY

United States District Court, Northern District of California


January 16, 2003

LORI A. TROLSON, AN INDIVIDUAL, PLAINTIFF,
v.
NEW YORK LIFE INSURANCE COMPANY, A FOREIGN CORPORATION; KAISER FOUNDATION HEALTH PLAN, INC., A CALIFORNIA CORPORATION; AETNA, INC., A FOREIGN CORPORATION; AND AETNA US HEALTHCARE, A CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Charles R Breyer, United States District Judge.

AMENDED JUDGMENT IN FAVOR OF PLAINTIFF
The Court having found that plaintiff is entitled to long-term disability benefits by Memorandum and Order dated December 20, 2002, judgment is hereby entered in favor of plaintiff Lori A. Trolson and against defendants and each of them as follows.

1. Plaintiff shall recover the sum of the disability benefits withheld by defendants from October 1, 2000 to the date of entry of this Judgment, calculated at the rate of two-thousand-sixteen dollars and ninety-nine cents ($2016.99) per month minus the amount of any Social Security, State Disability Insurance and/or Workers' Compensation received by plaintiff in any particular month between October 1, 2000 and the date of entry of this Judgment. The Court retains jurisdiction to adjudicate any dispute among the parties regarding computation of this amount;

2. In addition to the foregoing, plaintiff shall recover prejudgment interest on the sums set forth in paragraph one of this Judgment, at the rate(s) specified by 28 U.S.C. § 1961, compounded annually; plus

3. In addition to the foregoing, plaintiff shall recover her attorneys' fees and costs, if any, by further Order of the Court.

IT IS SO ORDERED.

20030116

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