MOGCK v. UNUM LIFE INS. CO. OF AMERICA

No. 00-56797.

292 F.3d 1025 (2002)

Kenneth L. MOGCK, an individual, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine corporation; Group Long Term Disability Insurance Policy, non participating, an employee welfare benefits plan under ERISA, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted January 14, 2002.

Filed June 10, 2002.


Attorney(s) appearing for the Case

Thomas M. Monson and Susan L. Horner, Miller, Monson, Peshel, Polacek & Hoshaw, San Diego, CA, for the plaintiff-appellant.

Edwin A. Oster, Barger & Wolen, LLP, Irvine, CA, for the defendants-appellees.

Before LEAVY, T.G. NELSON and W. FLETCHER, Circuit Judges.


OPINION

LEAVY, Circuit Judge.

The question presented in this case is whether the contractual time limitation has expired on an insured's action against his insurer for disability benefits. The long-term disability policy at issue is governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. We conclude that the insurer, in its correspondence to the insured, did not utilize language from its own policy which would...

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