RITTENHOUSE v. UNITEDHEALTH GROUP LONG TERM DIS. INS. PLAN

No. 06-1905.

476 F.3d 626 (2007)

Gary RITTENHOUSE, Appellee, v. UNITEDHEALTH GROUP LONG TERM DISABILITY INSURANCE PLAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 21, 2007.


Attorney(s) appearing for the Case

Theresa D. Koller, argued, Omaha, NE (Shelley A. Runion, Kansas City, MO, on the brief), for appellant.

Thomas Hoarty, Jr., argued, Omaha, NE, for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

Gary H. Rittenhouse filed for benefits with UnitedHealth Group Long Term Disability Insurance Plan (UnitedHealth), which is insured by a policy from AIG Life Insurance Company. The plan, purchased by his employer, is governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. After AIG denied his claim and appeal, Rittenhouse sued under 29 U.S.C. § 1132. On cross-motions for summary judgment, the district...

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