Action Based on Denial of Insurance Benefits
In Fier v. Unum Life Ins. Co. of Am., No. 09-17520, an action based on the denial of benefits to plaintiff under two insurance policies that he purchased from defendant life insurer, the court affirmed judgment for defendant where 1) the policy unambiguously served to terminate "disability benefits" at the time an insured person earned greater than eighty percent of his pre-disability earnings; and 2) the terms "dismemberment by severance" were unambiguous and required "actual, physical separation."
As the court wrote: "Robert B. Fier appeals the district court's denial of benefits under two insurance policies that he purchased from Unum Life Insurance Company of America (Unum) while working at the Boyd Group. Fier v. Unum Life Ins. Co. of Am., No. 2:06-cv-01162-RLH-LRL, 2009 WL 3644187 (D.Nev. Nov. 3, 2009). Both policies are maintained pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq."
- Read the Ninth Circuit's Decision in Fier v. Unum Life Ins. Co. of Am., No. 09-17520