Dang v. Unum Life Insurance Co. of America

LUCERO, Circuit Judge.

Hoc H. Dang, a former employee of Ingram Industries Inc., brought this action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132, seeking to recover benefits pursuant to his former employer’s long-term disability plan. The United States District Court for the Western District of Oklahoma granted judgment in favor of defendant UNUM Life Insurance Company of America (UNUM) on the ground that Dang’s claim for benefits under UNUM’s long-term disability policy was untimely under the notice and proof of claim provisions of the policy. Dang appeals. Our…