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PROVIDENT LIFE & ACCIDENT INS. CO. v. COHEN

Nos. 04-1270, 04-1386.

423 F.3d 413 (2005)

PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff-Appellee, v. Melvyn COHEN, Defendant-Appellant. Provident Life & Accident Insurance Company, Plaintiff-Appellant, v. Melvyn Cohen, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 2005.

Attorney(s) appearing for the Case

ARGUED: William Parry Dale, McChesney & Dale, P.C., Bowie, Maryland, for Appellant/Cross-Appellee, Melvyn Cohen. Michael Robert McCann, Funk & Bolton, P.A., Baltimore, Maryland, for Appellee/Cross-Appellant, Provident Life & Accident Insurance Company. ON BRIEF: Derek B. Yarmis, Funk & Bolton, P.A., Baltimore, Maryland, for Appellee/Cross-Appellant, Provident Life & Accident Insurance Company.

Before WILKINS, Chief Judge, and WIDENER and TRAXLER, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINS and Judge WIDENER Joined.

OPINION

TRAXLER, Circuit Judge.

Provident Life & Accident Insurance Company (Provident) brought this suit against Melvyn Cohen under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. § 1101 et seq. (West 1999 & Supp.2004), seeking recovery of the "total disability...

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