United States District Court, E.D. Michigan, Southern Division
JACQUELYN K. CHU, Plaintiff,
THE PAUL REVERE LIFE INSURANCE COMPANY, Defendant.
ORDER DENYING DEFENDANT'S MOTION FOR
RECONSIDERATION, (Doc. 26)
COHN UNITED STATES DISTRICT JUDGE
a case concerning a policy of insurance for occupational
disability income. On February 7, 2017, after holding a
hearing, the Court entered an order granting summary judgment
in favor of the plaintiff insured. (Doc. 24). The Court
There is no evidence in the record to support a finding that
carpal tunnel syndrome surgery will enable plaintiff to
return to the practice of dentistry and particularly to
perform the important duties associated with that profession.
(Doc. 24; see also Doc. 29).
February 21, 2017, defendant insurer filed a “Motion
for Reconsideration.” (Doc. 26). On March 7, 2017, the
Court entered an “Order Directing Response” from
the plaintiff. (Doc. 27). Plaintiff has responded and
defendant has replied.
for reconsideration are governed by E.D. Mich. LR 7.1(h)
which provides in relevant part:
Generally, and without restricting the court's
discretion, the court will not grant motions for rehearing or
reconsideration that merely present the same issues ruled
upon by the court, either expressly or by reasonable
implication. The movant must not only demonstrate a palpable
defect by which the court and the parties and other persons
entitled to be heard on the motion have been misled but also
show that correcting the defect will result in a different
disposition of the case.
E.D. Mich. LR 7.1(h)(3).
has not shown any ground for reconsideration. The motion is
defendant takes issue with the Court's interpretation of
the language of the “appropriate care” clause in
the policy, which reads:
“Total Disability” means that because of Injury
a. You are unable to perform the important duties of Your
Occupation; and b. You are receiving Physician's Care.
“Physician's Care” means the regular and
personal care of a Physician which, under prevailing medical
standards is appropriate for the ...