Legal Opinion

Mark Stephan v. Unum Life Insurance Company Of

Court of Appeals for the Ninth Circuit

Decided September 12, 2012No. 10-16840PublishedCited by 77 opinions

1Opinion of the Court

Opinion by Judge BERZON; Dissent by Judge O’SCANNLAIN.

OPINION

BERZON, Circuit Judge:

In August 2007, just three months after he had begun a new job at Thomas Weisel Partners (“TWP”), Plaintiff-Appellant Mark Stephan (“Stephan”) had a bicycling accident that resulted in a spinal cord injury, rendering him quadriplegic and thus permanently disabled. Stephan was insured under TWP’s long-term disability insurance plan, underwritten and administered by Defendant-Appellee Unum Life Insurance Company (“Unum”). Stephan disputes Unum’s calculation of his predisability earnings, upon which his disability…

2Cases cited25 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. District of Columbia v. HellerSupreme Court of the United States · 2008
  3. Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
  4. Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
  5. Conkright v. FrommertSupreme Court of the United States · 2010

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3Cited by77 opinions

  1. Daniel Demer v. IBM Corp Ltd PlanCourt of Appeals for the Ninth Circuit · 2016
  2. Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan, Plan Number 625Court of Appeals for the Ninth Circuit · 2017
  3. McFarlane v. First Unum Life Insurance Co.District Court, S.D. New York · 2017
  4. Bentley v. United of Omaha Life Ins. Co.District Court, C.D. California · 2019
  5. Gallupe v. Sedgwick Claims Mgmt. Servs. Inc.District Court, W.D. Washington · 2019

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