In an ERISA action challenging a denial of plaintiff’s application for long-term disability benefits, dismissal of the complaint is affirmed where, because the parties did not provide any reason to ignore the plain language of the policy, the clear repudiation rule did not apply and the language of the policy governed.
Read Rice v. Jefferson Pilot Fin. Ins. Co., No. 08-4180
Appellate Information
Argued: August 4, 2009
Decided and Filed: August 24, 2009
Judges
Opinion by Judge Gibbons
Counsel
Tony C. Merry, Law Offices of Tony C. Merry, LLC, Columbus, OH
Adam Jay Hubble, Law Office, Dublin, OH
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