JUDGE v. METROPOLITAN LIFE INS. CO.

No. 12-1092.

710 F.3d 651 (2013)

Thomas JUDGE, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 25, 2013.


Attorney(s) appearing for the Case

ARGUED: Gary S. Fields , Eisenberg, Benson & Fields, PLLC, Southfield, Michigan, for Appellant. David M. Davis , Hardy, Lewis & Page, P.C., Birmingham, Michigan, for Appellee. ON BRIEF: Gary S. Fields , Eisenberg, Benson & Fields, PLLC, Southfield, Michigan, for Appellant. David M. Davis , Hardy, Lewis & Page, P.C., Birmingham, Michigan, for Appellee.

GILMAN, J., delivered the opinion of the court, in which KETHLEDGE, J., joined, and MOORE, J., joined in part. MOORE, J. (pp. 664-67), delivered a separate opinion dissenting in part.


OPINION

RONALD LEE GILMAN, Circuit Judge.

Thomas Judge, who underwent surgery to repair an aortic valve and a dilated ascending aorta, applied for disability benefits under a group insurance policy (the Plan) issued by Metropolitan Life Insurance Company (MetLife). MetLife denied benefits, however, when it determined that Judge was not totally and permanently disabled under the terms of the Plan. After exhausting MetLife's internal administrative procedures...

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