Mark Stephan v. Unum Life Insurance Company Of

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MARK STEPHAN,  Plaintiff-Appellant, No. 10-16840 v.  D.C. No. 3:08-cv-01935-MHP UNUM LIFE INSURANCE COMPANY OF AMERICA, OPINION Defendant-Appellee.  Appeal from the United States District Court for the Northern District of California Marilyn H. Patel, Senior District Judge, Presiding Argued and Submitted December 8, 2011—San Francisco, California Filed September 12, 2012 Before: Diarmuid F. O’Scannlain, Robert E. Cowen,* and Marsha S. Berzon, Circuit Judges. Opinion by Judge Berzon; Dissent by Judge O’Scannlain *The…