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OVIST v. UNUM LIFE INS. CO. OF AMERICA

No. 20-1464.

14 F.4th 106 (2021)

Rhonda OVIST, Plaintiff, Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA; Unum Group, Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 22, 2021.

Attorney(s) appearing for the Case

Jonathan M. Feigenbaum for appellant.

Katrina T. Liu , Trial Attorney, Plan Benefits Security Division U.S. Department of Labor, Kate S. O'Scannlain , former Solicitor of Labor, G. William Scott , Associate Solicitor for Plan Benefits Security U.S. Department of Labor, and Thomas Tso , Counsel for Appellate and Special Litigation U.S. Department of Labor, on brief for the Secretary of Labor, amicus curiae.

Joseph M. Hamilton , with whom Mirick, O'Connell, DeMallie & Lougee, LLP was on brief, for appellees.

Before Lynch and Selya, Circuit Judges, and Laplante, District Judge.

This case involves a dispute over the applicability of a self-reported symptoms benefit limitation provision to a long-term disability claim. Plaintiff-appellant Rhonda Ovist is a participant in her employer's long-term disability plan ("the Plan"), which is insured and administered by defendant-appellee Unum Life Insurance...

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