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ESTATE OF BLANCO v. PRUDENTIAL INS. CO. OF AMERICA

No. 08-2074.

606 F.3d 399 (2010)

The ESTATE OF Norman BLANCO, by its personal representative Steven C. Blanco, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Pruvalue Insurance Benefits Trust, and Porsche Engineering Services, Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 2010.

Attorney(s) appearing for the Case

George Plews (argued), Plews, Shadley, Racher & Braun, Indianapolis, IN, for Plaintiff-Appellant.

Daniel J. McMahon, Edna S. Bailey (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, Chicago, IL, for Defendants-Appellees.

Before CUDAHY, FLAUM, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

The phrase "preexisting condition" was frequently in the news as efforts to enact national health care reform were debated over the last year. And although our case today involves a preexisting condition exclusion, there is a twist. The clause in this case is not one that denies coverage for health care expenses. Instead, it's in an ERISA plan (the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 101 et seq.) promising...

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