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LAVERY v. RESTORATION HARDWARE LONG TERM DISAB.

Nos. 18-1885, 18-2027.

937 F.3d 71 (2019)

John LAVERY, Plaintiff, Appellee, v. RESTORATION HARDWARE LONG TERM DISABILITY BENEFITS PLAN; Aetna Life Insurance Company, Defendants, Appellants.

United States Court of Appeals, First Circuit.

September 3, 2019.

Attorney(s) appearing for the Case

Lori A. Medley , with whom Kenneth J. Kelly and Epstein Becker & Green, P.C., New York, NY, were on brief, for appellants.

Stephen Churchill , with whom Fair Work, P.C., Boston, MA, was on brief, for appellee.

Before Lynch, Circuit Judge, Souter, Associate Justice, and Kayatta, Circuit Judge.

After being diagnosed with malignant melanoma, John Lavery applied for benefits under his employer's long-term disability benefits plan, which Aetna Life Insurance Company administered and funded. After Aetna denied Lavery's application under the plan's exclusion for disabilities caused by pre-existing conditions, Lavery...

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