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COLBY v. UNION SEC. INS. CO.

No. 11-2270.

705 F.3d 58 (2013)

Julie COLBY, Plaintiff, Appellee, v. UNION SECURITY INSURANCE COMPANY & MANAGEMENT COMPANY FOR MERRIMACK ANESTHESIA ASSOCIATES LONG TERM DISABILITY PLAN, Defendant, Appellant. Assurant Employee Benefits; Fortis Benefits Insurance Company, Defendants.

United States Court of Appeals, First Circuit.

January 17, 2013.

Attorney(s) appearing for the Case

Joshua Bachrach , with whom Wilson, Elser, Moskowitz, Edelman & Dicker LLP was on brief, for appellant.

Mala M. Rafik , with whom Sean K. Collins , S. Stephen Rosenfeld , and M. Katherine Sullivan were on brief, for appellee.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

SELYA, Circuit Judge.

This cutting-edge case involves the existence vel non of an obligation to pay long-term disability (LTD) benefits under a conventional group insurance plan. The central question is whether, in an addiction context, a risk of relapse can be so significant as to constitute a current disability. Although we recognize that our decision creates a circuit split, we answer this question affirmatively and uphold...

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