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KALISH v. LIBERTY MUTUAL/LIBERTY LIFE

No. 04-1886.

419 F.3d 501 (2005)

Richard KALISH, Plaintiff-Appellant, v. LIBERTY MUTUAL/LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2005.

Rehearing Denied October 21, 2005.

Attorney(s) appearing for the Case

ARGUED: David B. Grant, Grant, Busch & Kirschner, Southfield, Michigan, for Appellant. James P. Hollihan, Pittsburgh, Pennsylvania, for Appellee. ON BRIEF: David B. Grant, Grant, Busch & Kirschner, Southfield, Michigan, for Appellant. James P. Hollihan, Pittsburgh, Pennsylvania, for Appellee.

Before: KENNEDY, CLAY, and GILMAN, Circuit Judges.

Rehearing En Banc Denied October 21, 2005.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Richard Kalish, who suffers from a heart condition and depression, began receiving disability benefits under a group insurance plan (the Plan) issued to his employer by Liberty Mutual/Liberty Life Assurance Company of Boston. The benefits ended, however, when Liberty determined that Kalish was no longer disabled under the terms of the Plan. After exhausting his administrative...

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