UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CIVIL ACTION NO.
AETNA LIFE INSURANCE
December 14, 2006
RULING ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT [DOC.
NO. 69] AND MOTIONS TO STRIKE [DOC. NOS. 82 & 85], AND PLAINTIFF’S
CROSS MOTION FOR SUMMARY JUDGMENT AND TO STRIKE [DOC. NO. 73 &78]
AND MOTION TO CERTIFY CLASS [DOC. NO. 86]
Plaintiff Elizabeth Peck brings this action pursuant to section 502 of the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132. In Count I,
Peck alleges that defendant Aetna Life Insurance Company (“Aetna”) wrongfully
terminated Peck’s long-term disability benefits. In Counts II and III, Peck alleges, on
her behalf and on the behalf of others similarly situated (the “Class”), that Aetna
wrongfully withheld long-term disability benefit payments to Peck and the putative Class
by failing to pay Peck and the Class for their entire “period of disability.”
Aetna brings this motion for summary judgment on Counts II and III of Peck’s
Amended Complaint [Doc. No. 69] pursuant to Rule 56 of the Federal Rules of Civil
Procedure. In addition, Aetna has brought two motions to strike Peck’s Statement of
Material Facts (Doc. No. 82). Peck brings a cross-motion for summary judgment on
Counts II and III and a motion to strike one of Aetna’s affidavits submitted in support of
summary judgment (Doc. No. 73 & 78). Peck also brings a motion for class certification
on the allegations set forth in Counts II and II of the Amended Complaint (Doc. No. 86)
Case 3:04-cv-01139-JCH Document 102 Filed 12/14/2006 Page 1 of 9
Peck v. Aetna Inc et al
pursuant to Rule 23 of the Federal Rules of Civil Procedure.
For the reasons set forth below, the court grants Aetna’s motion for partial
summary judgment on Counts II and III. The court denies the remaining motions
brought by the parties.
STANDARD OF REVIEW
In a motion for summary judgement, the burden is o