Docket No. 10-1433-cv.

642 F.3d 110 (2011)

Patricia O'HARA, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 14, 2011.

Attorney(s) appearing for the Case

Nira T. Kersmisch , Sudbury, MA, for Plaintiff-Appellant.

Mark A. Molloy and Joseph A. Carello (on the brief), Nixon Peabody LLP, Buffalo, NY, for Defendant-Appellee.

Before: CABRANES, POOLER, and CHIN, Circuit Judges.

POOLER, Circuit Judge:

Plaintiff-Appellant Patricia O'Hara appeals from a judgment of the United States District Court for the Western District of New York (Larimer, J.) granting summary judgment to Defendant-Appellee National Union Fire Insurance Company of Pittsburgh, PA ("National Union") and dismissing O'Hara's claim for disability benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"). National Union argues that O'Hara cannot recover...

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