United States Eleventh Circuit

Summary judgment in favor of plaintiff as to his ERISA claim for wrongful denial of disability benefits due to Obsessive Compulsive Disorder is affirmed where a -mental illness- limitation of an ERISA governed contract, which fails to provide whether an illness is categorized as mental based on its symptoms or etiology, is ambiguous.

Appellate Information

• Decided 08/08/2006
• Published 08/08/2006

Judges

• DUBINA, Circuit Judge:, Before DUBINA and KRAVITCH, Circuit Judges, and MILLS, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Kristina B. Pett, Jeannine Cline Jacobson, Pett, Furman & Jacobson, PL, Boca Raton, FL, for Defendant-Appellant., Lauri Waldman Ross, Lauri Waldman Ross, P.A., John W. McLuskey, McLuskey & McDonald, Miami, FL, for Plaintiff-Appellee.