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BERG v. NEW YORK LIFE INS. CO.

No. 15-1410.

831 F.3d 426 (2016)

Eric BERG, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY and Unum Life Insurance Company of America, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 2016.

Attorney(s) appearing for the Case

Mark D. DeBofsky , Marie E. Casciari , Attorneys, DeBofsky & Associates, P.C., Ronald S. Betman , Collette Alison Brown , Steven F. Pflaum , Attorneys, Neal, Gerber & Eisenberg LLP, Chicago, IL, for Plaintiff-Appellant.

Warren Sebastian von Schleicher , Attorney, Smith, von Schleicher & Associates, Chicago, IL, for Defendants-Appellees.

Before WOOD, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

Eric Berg brought this breach of contract action when New York Life, through its administrator Unum, refused to pay him disability benefits. At bottom, this case turns on the meaning of one phrase: "requires and receives regular care by a Physician." Does the clause contain a temporal element? The insurers say yes, and the district...

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