Yingling v. UNUM Life Insurance Co. of America

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

In this diversity action controlled by Pennsylvania law, the defendant, UNUM Life Insurance Company of America, has filed a motion under Fed.R.CivJP. 12(b)(6) to dismiss the plaintiffs amended complaint. The plaintiff, Ronald E. Yingling, seeks to recover disability benefits under the policy UNUM issued to his employer.

The motion argues that the action is barred by the insurance policy’s contractual period of limitations. The plaintiffs opposition to the motion requires us to decide, among other things, whether the defendant waived the…