BLASKE v. UNUM LIFE INS. CO. OF AMERICA

No. 97-2006.

131 F.3d 763 (1997)

Delroy R. BLASKE, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1997.


Attorney(s) appearing for the Case

John H. Scherer, St. Cloud, MN, argued (Frank J. Rajkowski, Brian L. Williams, on the brief), for appellant

John Harper, Minneapolis, MN, argued, for appellee.

Before BOWMAN, MURPHY, Circuit Judges, and CONMY, District Judge.


CONMY, District Judge.

I. Background

Mr. Blaske was insured by UNUM Life Insurance Company with a policy providing disability benefits. He filed a notice and proof of claim for benefits in February of 1995. The onset of the disability from a progressively disabling disease, primary sclerosing cholangitis/ Crohn's colitis, was stated by him to begin "10/'90 or 1/'91".

The policy language required the insured to give written notice within thirty days...

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