McDONALD v. WESTERN-SOUTHERN LIFE INS. CO.

No. 02-3053.

347 F.3d 161 (2003)

James McDONALD, Plaintiff-Appellee, v. WESTERN-SOUTHERN LIFE INSURANCE COMPANY; Western-Southern Life Disability Plan; Security Plan Committee of the Western-Southern Life Disability Plan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 20, 2003.


Attorney(s) appearing for the Case

ARGUED: Aaron P. Rosenfeld, (argued and briefed), David A. Campbell (briefed), VORYS, SATER, SEYMOUR & PEASE, Columbus, Ohio, for Defendants-Appellants.

Tony C. Merry, (argued and briefed), PALMER VOLKEMA THOMAS, Columbus, Ohio, for Plaintiff-Appellee.

Before: MOORE and GILMAN, Circuit Judges; MILLS, District Judge.


Pursuant to Sixth Circuit Rule 206

OPINION

RICHARD MILLS, District Judge.

James McDonald worked for Western-Southern Life Insurance Company for nearly twenty-one years before he began receiving long-term disability ("LTD") benefits from Western-Southern Life Insurance Company's Flexible Benefits Plan due to his severe depression and his aggressive personality disorder.1

After paying LTD benefits for over seven...

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