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JACKSON v. FORTIS BENEFITS INS. CO.

No. 00-3120.

245 F.3d 748 (2001)

Carol Knight JACKSON, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. FORTIS BENEFITS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 6, 2001.

Attorney(s) appearing for the Case

Chad A. Snyder, argued, Minneapolis, MN, (Jeff Ross, Ronald S. Kravitz, Matthew B. Newman, on the brief), for appellant.

Timothy E. Branson, argued, Minneapolis, MN (Stephen P. Lucke, Matthew E. Klein, on the brief), for appellee.

BEFORE: BYE, LAY, and JOHN R. GIBSON, Circuit Judges.

LAY, Circuit Judge.

Carol Knight Jackson worked for the Minnesota State Employees Union AFSCME Council No. 6 from 1986 until mid-1995. As an AFSCME employee, she participated in a qualified ERISA long-term disability plan, which was underwritten by Fortis Benefits Insurance Company ("Fortis").

The plan requires Fortis to pay disability benefits upon receipt of "proof that [the claimant] is totally disabled due to sickness or injury and requires the regular...

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