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GROSS v. SUN LIFE ASSUR. CO. OF CANADA

No. 12-1175.

734 F.3d 1 (2013)

Diahann L. GROSS, Plaintiff, Appellant, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

August 16, 2013.

Attorney(s) appearing for the Case

Michael D. Grabhorn , with whom Jonathan M. Feigenbaum and Grabhorn Law Office, PLLC were on brief, for appellant.

Joshua Bachrach , with whom Wilson, Elser, Moskowitz, Edelman & Dicker LLP was on brief, for appellee.

Before THOMPSON, SELYA, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This case requires us to determine, inter alia, whether the "safe harbor" exception to the Employee Retirement Income Security Act of 1974 ("ERISA") applies to the long term disability insurance policy that covers appellant Diahann Gross. The district court found that it did not. The court therefore held that Gross's state law claims were preempted. Furthermore, it concluded that her insurer was entitled to the highly deferential "arbitrary and...

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