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WOLF v. RELIANCE STANDARD LIFE INS. CO.

No. 95-1440.

71 F.3d 444 (1995)

Alvan H. WOLF, Plaintiff, Appellee, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 11, 1995.

Attorney(s) appearing for the Case

James A. Young with whom Michael J. Burns, Christie, Pabarue, Mortensen & Young, P.C., Philadelphia, PA and Cheri L. Crow, Boston, MA, were on brief for appellant.

William E. Bernstein with whom Barbara S. Liftman and Weinstein, Bernstein & Burwick, P.C., Worcester, MA, were on brief for appellee.

Before TORRUELLA, Chief Judge, STAHL and LYNCH, Circuit Judges.

STAHL, Circuit Judge.

Plaintiff-appellee Alvan Wolf prevailed in his jury-tried contract action against defendant-appellant Reliance Standard Life Insurance Company ("Reliance") for denial of disability benefits. Reliance appeals the trial court's ruling that ERISA preemption is an affirmative defense which Reliance waived by failing to plead it timely. We affirm.

I.

BACKGROUND

We begin by reciting the facts in the light most...

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