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GENT v. CUNA MUT. INS. SOCIETY

No. 09-1703.

611 F.3d 79 (2010)

Barbara GENT, Plaintiff, Appellant, v. CUNA MUTUAL INSURANCE SOCIETY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 12, 2010.

Attorney(s) appearing for the Case

Jonathan M. Feigenbaum with whom Phillips & Angley, was on brief, for appellant.

Peter E. Pederson, with whom Daniel K. Ryan, Marissa I. Delinks and Hinshaw & Culbertson LLP, were on brief, for appellee.

Before BOUDIN, Circuit Judge, SOUTER, Associate Justice, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

This case arose after CUNA Mutual Insurance Society ("CUNA") stopped paying long-term disability benefits to the appellant, Barbara Gent. CUNA ceased its payments after determining that Gent was subject to the "mental illness limitation" in its policy. Under this limitation, an insured who is disabled due to a mental illness may not receive disability benefits for more than two years. Gent took several...

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