In an ERISA action challenging a denial of plaintiff's application for long-term disability benefits, dismissal of the complaint is affirmed where, because the parties did not provide any reason to ignore the plain language of the policy, the clear repudiation rule did not apply and the language of the policy governed.
Argued: August 4, 2009
Decided and Filed: August 24, 2009
Opinion by Judge Gibbons
Adam Jay Hubble, Law Office, Dublin, OH