TORRES v. UNUM LIFE INS. CO. OF AMERICA

No. 03-3852.

405 F.3d 670 (2005)

Patrick TORRES, Plaintiff — Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 26, 2005.

Rehearing and Rehearing Denied June 22, 2005.


Attorney(s) appearing for the Case

James D. Leach, argued, Rapid City, SD, for appellant.

Thomas J. Welk, argued, Sioux Falls, SD, for appellee.

Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and SMITH, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 22, 2005.

JOHN R. GIBSON, Circuit Judge.

Patrick Torres appeals from the summary judgment order entered on behalf of UNUM Life Insurance Company of America in this suit to enforce his rights under a long-term disability plan issued and administered by UNUM. UNUM denied Torres's application for benefits. After exhausting his administrative remedies, Torres brought this action under the Employee Retirement Income Security...

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