Eugene Herring v. The Canada Life Assurance Company
Court of Appeals for the Eighth Circuit
1Opinion of the Court
ALSOP, District Judge.
Canada Life Assurance Company (Canada Life) appeals from an order granting summary judgment in favor of Eugene Herring in this action under § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B). The case calls upon us to decide if there is a “genuine” dispute of material fact on Herring’s claim that he is totally disabled under his long-term disability policy with Canada Life. A dispute is not “genuine” unless the evidence is such that a reasonable trier of fact could return a verdict for the nonmoving party. Anderson v.…
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