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Neathery v. Chevron Texaco Corp. Group Accident Policy No. OK 826458

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 18, 2009

TERESA E. NEATHERY, AN INDIVIDUAL, PLAINTIFF,
v.
CHEVRON TEXACO CORPORATION GROUP ACCIDENT POLICY NO. OK 826458 AND DOC. NO. 198 ACCIDENT POLICY NO. SLG-000784, GROUP WELFARE BENEFITS PLANS UNDER ERISA, AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

AMENDED JUDGMENT IN A CIVIL CASE

This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. The Court issued its MEMORANDUM AND DECISION REVERSING DEFENDANTS' DECISION TO DENY BENEFITS [Doc 167] on August 11, 2009. A JUDGMENT IN A CIVIL CASE [Doc 168] was entered by the Clerk of the Court on August 12, 2009. An ORDER TAXING COSTS [Doc 187] was entered by the Clerk of the Court on September 24, 2009. The Court entered its ORDER GRANTING MOTION FOR INTEREST, ATTORNEY'S FEES, AND COSTS [Doc 194] on November 2, 2009. For purposes of clarification, the Court hereby enters this AMENDED JUDGMENT IN A CIVIL CASE.

IT IS ORDERED AND ADJUDGED that the Court finds, based on a de novo review of the administrative record in place at the time this litigation was initiated, Neathery's death was caused by an "accident" covered under the Plans. LINA's denial of benefits to Plaintiff under the Plans is therefore reversed. Judgment is entered in favor of Plaintiff, Teresa E. Neathery, and against Defendant Voluntary Group Accident Insurance Plan and Defendant On-the Job Accident Insurance Plan, erroneously sued as Chevron Texaco Corporation Group Accident Policy No. OK 826458 and defendant Accident Policy No. SLG-000784, in the following amounts:

$275,000.00 against Voluntary Group Accident Insurance Plan which is the amount of the policy coverage;

$500,000.00 against On-the Job Accident Insurance Plan which is the amount of the policy coverage;

$49,828.00 pre-judgment interest against Voluntary Group Accident Insurance Plan;

$92,537.00 pre-judgment interest against On-the Job Accident Insurance Plan;

$9,750.00 reasonable costs, jointly and severally, against Voluntary Group Accident Insurance Plan and On-the-Job Accident Insurance Plan;

$1,177.60 court costs, jointly and severally, against Voluntary Group Accident Insurance Plan and On-the Job Accident Insurance Plan; and

$314,516.00 attorney's fees, jointly and severally, against Voluntary Group Accident Insurance Plan and On-the Job Accident Insurance Plan

$1,242,808.60 TOTAL JUDGMENT

IT IS SO ORDERED.

20091218

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