Legal Opinion

Barbara J. Lauder, Plaintiff-Appellee-Cross-Appellant v. First Unum Life Insurance Company, Defendant-Appellant-Cross-Appellee, and Coach Stores, Inc.

Court of Appeals for the First Circuit

Decided March 12, 2002No. Docket 01-7499(L), 01-7591(XAP)PublishedCited by 52 opinions

1Opinion of the Court

OAKES, Senior Circuit Judge.

Barbara Lauder sued First UNUM Life Insurance Company (“First UNUM”) under ERISA for wrongfully denying her disability benefits on the basis that she was not covered by her employer’s policy at the time of her injury. The United States District Court for the Southern District of New York, Barrington D. Parker, Jr., Judge, held that Lauder was covered on the date of her injury and that First UNUM had waived its right to dispute whether Lauder was in fact disabled. The district court awarded as damages disability benefits in the amount of $95,234 and also awarded…

2Cases cited12 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
  3. Willis Hope White v. Provident Life & Accident Insurance CompanyCourt of Appeals for the Fourth Circuit · 1997
  4. Schlaifer Nance & Co. v. Estate of WarholCourt of Appeals for the Second Circuit · 1999
  5. Arthur Chambless and Mildred H. Chambless v. Masters, Mates & Pilots Pension PlanCourt of Appeals for the Second Circuit · 1987

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3Cited by52 opinions

  1. Oscar Gruss & Son, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Yossie Hollander, Defendant-Counter-Claimant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2003
  2. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
  3. Weber v. GE Group Life Assurance Co.Court of Appeals for the Tenth Circuit · 2008
  4. Glista v. Unum Life Insurance Co. of AmericaCourt of Appeals for the First Circuit · 2004
  5. Harris Trust and Savings Bank, as Former Trustee of the Sperry Master Retirement Trust No. 2 (And Its Successor, the Unisys Master Trust) and the Bank of New York, as Trustee of the Unisys Master Trust v. John Hancock Mutual Life Insurance Company, Defendant-Third-Party v. Sperry Corporation and the Retirement Committee of Sperry Corporation, Third-Party Chase Manhattan Bank, N.A., CounterclaimCourt of Appeals for the Second Circuit · 2002

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