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TSOULAS v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 05-2668.

454 F.3d 69 (2006)

Katherine L. TSOULAS, Plaintiff, Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 11, 2006.

Attorney(s) appearing for the Case

Arthur J. Greif, with whom Julie D. Farr and Gilbert & Greif, P.A. were on brief, for appellant.

Eric J. Uhl, with whom Moon, Moss & Shapiro, P.A. was on brief, for appellee.

Before TORRUELLA, Circuit Judge, HUG, Senior Circuit Judge, and LYNCH, Circuit Judge.

TORRUELLA, Circuit Judge.

In February 1998, Plaintiff Katherine L. Tsoulas ("Tsoulas") became an employee of Medaphis Corporation ("Medaphis") as a Manager of Educational Services. A benefit of her employment was insurance coverage under a group disability policy ("the Plan") provided by Liberty Life Assurance Company of Boston ("Liberty"). Liberty is both the insurer for the Plan and the claims fiduciary.1 Tsoulas applied for and received...

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