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STEPHAN v. UNUM LIFE INS. CO. OF AMERICA

No. 10-16840.

697 F.3d 917 (2012)

Mark STEPHAN, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2012.

Attorney(s) appearing for the Case

Mark D. DeBofsky , Daley, DeBofsky & Bryant, Chicago, IL; Terrence J. Coleman and Brian H. Kim , Pillsbury & Levinson, LLP, San Francisco, CA, for the appellant.

Anna M. Martin and Kevin G. Gill , Rimac Martin, P.C., San Francisco, CA, for the respondent.

Opinion by Judge BERZON; Dissent by Judge O'SCANNLAIN.

OPINION

BERZON, Circuit Judge:

In August 2007, just three months after he had begun a new job at Thomas Weisel Partners ("TWP"), Plaintiff-Appellant Mark Stephan ("Stephan") had a bicycling accident that resulted in a spinal cord injury, rendering him quadriplegic and thus permanently disabled. Stephan was insured under TWP's long-term disability insurance plan, underwritten and administered by Defendant-Appellee Unum Life Insurance Company ("Unum"). Stephan...

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