ROCHOW v. LIFE INS. CO. OF NORTH AMERICA

No. 12-2074.

780 F.3d 364 (2015)

Todd R. ROCHOW and John Rochow, personal representatives of the Estate of Daniel J. Rochow, Plaintiffs-Appellees, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2015.


Attorney(s) appearing for the Case

ARGUED: Jeremy P. Blumenfeld , Morgan, Lewis, Bockius LLP, Philadelphia, Pennsylvania, for Appellant. Erik W. Scharf , Scharf Appellate Group, Miami, Florida, for Appellees. ON BRIEF: Jeremy P. Blumenfeld , Morgan, Lewis, Bockius LLP, Philadelphia, Pennsylvania, Brian T. Quinn , Honigman Miller Schwartz & Cohn, LLP, Lansing, Michigan, for Appellant. Erik W. Scharf , Scharf Appellate Group, Miami, Florida, John J. Cooper , Cooper Law Firm, PLLC, Troy, Michigan, for Appellees. Waldemar J. Pflepsen, Jr. , Carlton Fields Jorden Burt, P.A., Washington, D.C., Jerrold J. Ganzfried , Holland & Knight LLP, Washington, D.C., Julie Wilensky , Lewis, Feinberg, Lee, Renaker & Jackson, P.C., Oakland, California, Mary Ellen signorille , AARP, Washington, D.C., Mark D. DeBofsky , Debofsky & Associates, P.C., Chicago, Illinois, for Amici Curiae.

McKEAGUE, J., delivered the opinion of the court in which BOGGS, BATCHELDER, GIBBONS, ROGERS, SUTTON, COOK, GRIFFIN, and KETHLEDGE, JJ., joined, and WHITE, J., joined in part. GIBBONS, J. (pp. 376-78), delivered a separate concurring opinion in which BATCHELDER and COOK, JJ., joined. WHITE, J. (pp. 378-82), delivered a separate opinion concurring in part and dissenting in part. STRANCH, J. (pp. 382-95), delivered a separate dissenting opinion in which COLE, C.J., KEITH, MOORE, CLAY, and DONALD, JJ., joined, and WHITE, J., joined in part.


OPINION

This is the second time this case has been before the Sixth Circuit. The first time, we affirmed the district court's determination that defendant Life Insurance Company of North America ("LINA") acted arbitrarily and capriciously when it denied Daniel Rochow's claim for long-term disability benefits under...

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