United States Sixth Circuit
Dozier v. Sun Life Assurance Co. of Canada, 05-6598
Dismissal of an employee-benefits suit for failure to exhaust administrative remedies is reversed where it would have been futile for the employee to ask insurance company to find that he could not perform "any occupation" for which he was qualified -- the eligibility requirement for obtaining a waiver of life insurance premiums -- after the company had already concluded that he could perform his "own occupation," making him ineligible for long-term-disability benefits.
Appellate Information
- Decided 10/27/2006
- Published 10/27/2006
Judges
- Before MERRITT, SUTTON, and GRIFFIN, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED: E. Douglas Richards, E. Douglas Richards, PSC, Lexington, Kentucky, for Appellant. Jeffrey C. Mando, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, Kentucky, for Appellee. ON BRIEF: E. Douglas Richards, E. Douglas Richards, PSC, Lexington, Kentucky, for Appellant. Jeffrey C. Mando, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, Kentucky, for Appellee.