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BAXTER v. SUN LIFE ASSUR. CO. OF CANADA

Case No. 09-CV-3818.

833 F.Supp.2d 833 (2011)

Ted BAXTER, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

June 7, 2011.

Attorney(s) appearing for the Case

Mark D. Debofsky, Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff.

Mark E. Schmidtke, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Chicago, IL, Eric P. Mathisen, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Valparaiso, IN, for Defendant.

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, JR., District Judge.

Plaintiff Ted Baxter seeks judicial review of the final decision of Defendant Sun Life Assurance Company of Canada to offset Plaintiff's long-term disability benefits with a malpractice settlement that Baxter received from Evanston Hospital. The question before the Court is whether Sun Life's decision to offset Plaintiff's long term disability ("LTD") benefits by a portion of his tort settlement...

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