ELLIS v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 19-1074.

958 F.3d 1271 (2020)

Michael D. ELLIS, Plaintiff-Appellee, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, a New Hampshire corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED May 13, 2020.


Attorney(s) appearing for the Case

Byrne J. Decker , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Portland, Maine ( Kristina N. Holmstrom , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Phoenix, AZ on the briefs) for Defendant-Appellant.

Shawn McDermott , McDermott Law, LLC, Denver, Colorado ( Timothy Garvey , McDermott Law, LLC, Denver, Colorado on the briefs) for Plaintiff-Appellee.

Before HARTZ and EID, Circuit Judges.


In 2014, Liberty Life Assurance Company of Boston rejected the claim for long-term disability benefits by Michael Ellis. As part of its employee-benefit plan, Comcast Corporation, for whom Ellis worked in Colorado from 1994 until 2012, had obtained from Liberty in 2005 a Group Disability Income Policy (the Policy). Ellis sought...

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