PANNEBECKER v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 06-16654.

542 F.3d 1213 (2008)

Nancy J. PANNEBECKER, Plaintiff-Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2008.


Attorney(s) appearing for the Case

Lisa Counters, Kevin Koelbel, Counters & Koelbel, P.C., Chandler, AZ, for the plaintiff-appellant.

Michael E. Hensley, Eileen Dennis Gil-Bride, Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for defendant-appellee.

Before: M. MARGARET McKEOWN and RONALD M. GOULD, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.


McKEOWN, Circuit Judge:

In 1996, coronary artery disease forced Nancy Pannebecker to quit her lucrative job as a laboratory and department manager for Hughes Electronics Corporation. Pannebecker began receiving benefits under Hughes's long-term disability plan ("Plan"), which was governed by the Employee Retirement Income Security Act of 1974 ("ERISA"). After paying benefits for over three years, Liberty Life Assurance Company of Boston ("Liberty"), the Plan's administrator...

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