Jones v. Unum Provident Corp.

LOKEN, Chief Judge.

Carol Jones filed a claim for long term benefits under the group disability insurance policy issued to her employer by an affiliate of Unum Provident Corporation (“Unum”). After Unum denied the claim and Jones’s appeal, she commenced this action for wrongful denial of benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). See 29 U.S.C. § 1132(a)(1)(B). The district court 1 granted summary judgment dismissing her claim. Jones appeals, arguing Unum and the court erred in concluding that a lapse in coverage triggered the preexisting condition limitation…