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SILVER v. EXEC. CAR LEASING DISABILITY PLAN

No. 04-55747.

457 F.3d 982 (2006)

Marc S. SILVER, Plaintiff-Appellant, v. EXECUTIVE CAR LEASING LONG-TERM DISABILITY PLAN, an employee welfare benefits plan under ERISA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2006.

Attorney(s) appearing for the Case

Lyle R. Mink, Esq., Los Angeles, CA, for the plaintiff-appellant.

Stacey R. Turner, Esq., Los Angeles, CA, for the defendant-appellee.

Before B. FLETCHER, FERGUSON, and CALLAHAN, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge.

Marc Silver claims that he is disabled due to the deteriorating condition of his heart. He argues that, as a result of his disabling heart condition, he is entitled to benefits under an insurance policy issued by the UNUM Life Insurance Company of America ("UNUM"). UNUM claims that Silver recovered from his disability and that under the terms of the policy he is therefore not entitled to benefits. Following a bench trial, the district...

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