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THURBER v. AETNA LIFE INS. CO.

Docket Nos. 12-370-cv (Lead), 12-521-cv (XAP).

712 F.3d 654 (2013)

Sharon THURBER, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, v. AETNA LIFE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellee-Cross-Appellant, Quest Diagnostics, Incorporated Welfare Plan, aka The Quest Diagnostics' Aetna Longterm Disability Benefit Plan, aka The Quest Diagnostics' Managed Disability Benefits Plan, The Quest Employee Benefits Administration Committee, as Plan Administrator, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 13, 2013.

Attorney(s) appearing for the Case

Lisa Ball ( Christen Archer Pierrot , Andrew P. Fleming , on the brief) Chiacchia & Fleming, Hamburg, NY, for Plaintiff-Counter-Defendant-Appellant-Cross-Appellee.

Michael H. Bernstein ( John T. Seybert , on the brief), Sedgwick LLP, New York, NY, for Defendant-Counter-Claimant-Appellee-Cross-Appellant and Defendants-Appellees-Cross-Appellants.

Before: WESLEY, HALL, LYNCH, Circuit Judges.

WESLEY, Circuit Judge:

Background

Sharon Thurber worked at Quest Diagnostics ("Quest") as a client services representative from 1993 through August 15, 2007. As a full-time Quest employee, Thurber was enrolled in Quest's Employee Retirement Income Security Act (ERISA) disability benefits plan, administered by Aetna Life Insurance Company ("Aetna"). Under the plan, Thurber was entitled to long-term disability benefits if a disabling condition rendered her...

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