MESSING v. PROVIDENT LIFE & ACCIDENT INS. CO.

Nos. 21-2780/21-2790.

48 F.4th 670 (2022)

Mark M. MESSING, Plaintiff-Appellant/Cross-Appellee, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2022.


Attorney(s) appearing for the Case

ARGUED: Gerald B. Zelenock, Jr. , JAY ZELENOCK LAW FIRM PLC, Traverse City, Michigan, for Appellant/Cross-Appellee. D. Andrew Portinga , MILLER JOHNSON, Grand Rapids, Michigan, for Appellee/Cross-Appellant. ON BRIEF: Gerald B. Zelenock, Jr. , JAY ZELENOCK LAW FIRM PLC, Traverse City, Michigan, George R. Thompson , THOMPSON O'NEIL PC, Traverse City, Michigan, for Appellant/Cross-Appellee. D. Andrew Portinga , Jacob Carlton , MILLER JOHNSON, Grand Rapids, Michigan, for Appellee/Cross-Appellant.

Before: CLAY, ROGERS, and KETHLEDGE, Circuit Judges.


OPINION

Plaintiff Mark Messing received long-term disability benefits from Defendant Provident Life & Accident Insurance Company ("Provident") from 2000 until 2018, at which time, Provident terminated Messing's benefits. Messing commenced this action seeking the reinstatement of his benefits. Provident counterclaimed...

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