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RUTTENBERG v. U.S. LIFE INS., NEW YORK CITY

No. 04-1653.

413 F.3d 652 (2005)

Andrew RUTTENBERG, Plaintiff-Appellant, v. UNITED STATES LIFE INSURANCE COMPANY in the City of New York, a subsidiary of American General Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 30, 2005.

Rehearing Denied July 27, 2005.

Attorney(s) appearing for the Case

Mark D. Debofsky (argued), Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

Daniel J. McMahon (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, Chicago, IL, for Defendant-Appellee.

Before COFFEY, RIPPLE and SYKES, Circuit Judges.

Rehearing En Banc Denied July 27, 2005.

RIPPLE, Circuit Judge.

Andrew Ruttenberg filed a claim for total disability benefits with his insurer, United States Life Insurance Company in the City of New York ("U.S. Life" or the "Company"). After protracted consultations with a number of physicians and consultants produced no ruling on the claim, Mr. Ruttenberg filed suit. Originally, he alleged claims under Illinois law. The parties agreed to a stay in the proceedings...

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