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ROCHOW v. LIFE INSURANCE CO. OF NORTH AMERICA

No. 05-2100.

482 F.3d 860 (2007)

Daniel J. ROCHOW, Plaintiff-Appellee, v. LIFE INSURANCE CO. OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Angela M. Brown, Honigman, Miller, Schwartz & Cohn, Lansing, Michigan, for Appellant. Erik W. Scharf, Coconut Creek, Florida, for Appellee.

ON BRIEF: Angela M. Brown, Honigman, Miller, Schwartz & Cohn, Lansing, Michigan, for Appellant. Erik W. Scharf, Coconut Creek, Florida, John J. Cooper, Cooper Law Firm, Rochester, Michigan, for Appellee.

Before: CLAY and GILMAN, Circuit Judges; OBERDORFER, District Judge.

OPINION

OBERDORFER, District Judge.

Daniel Rochow, the former President of Arthur J. Gallagher & Co. ("Gallagher"), currently suffers from HSV-Encephalitis, a rare and severely debilitating disease. The question in this case is whether or not the insurer, Life Insurance Company of North America ("LINA") acted arbitrarily and capriciously when it concluded that Rochow was not disabled on the date that he left his job, therefore denying his claim for disability...

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