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DIAZ v. PRUDENTIAL INS. CO. OF AMERICA

No. 06-3822.

499 F.3d 640 (2007)

Hugo DIAZ, Plaintiff-Appellant, v. PRUDENTIAL INS. CO. OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 2007.

Attorney(s) appearing for the Case

Mark D. DeBofsky (argued), Daley, DeBofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

Daniel J. McMahon, Rebecca Rothmann (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and BAUER and WOOD, Circuit Judges.

WOOD, Circuit Judge.

This is the second time this court has had to review a decision rejecting Hugo Diaz's application for benefits under his company's group insurance long-term disability plan (the "LTD Plan"). After Prudential Insurance Company of America ("Prudential"), the LTD Plan's underwriter, denied Diaz's initial application for the benefits and two appeals of that denial, Diaz sued Prudential under § 502(a)(1)(B) of the Employee Retirement Income Security...

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