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FOUGHT v. UNUM LIFE INS. CO. OF AMERICA

No. 02-2176.

357 F.3d 1173 (2004)

Shirley O. FOUGHT, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 6, 2004.

Attorney(s) appearing for the Case

Robert P. Warburton (Ray M. Vargas, II, with him on the briefs), Sheehan, Sheehan & Stelzner, P.A., Albuquerque, NM, for Plaintiff-Appellant.

Kathryn D. Lucero (Kerri L. Peck, with her on the brief), Foster, Johnson, McDonald, Lucero, Koinis, LLP, Albuquerque, NM, for Defendant-Appellee.

Before TACHA, McKAY, and HENRY, Circuit Judges.

PER CURIAM.

Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan. A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "caused," "contributed to," or "resulted" in Ms. Fought's disability...

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