United States Sixth Circuit

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.

Appellate Information

• Decided 08/24/2009
• Published 08/24/2009

Judges

• Before:  KEITH, GIBBONS, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Tony C. Merry, Law Offices of Tony C. Merry, LLC, Columbus, Ohio, for Appellant.  Adam Jay Hubble, Law Office, Dublin, Ohio, for Appellee.   ON BRIEF:  Tony C. Merry, Law Offices of Tony C. Merry, LLC, Columbus, Ohio, for Appellant.  Todd Austin Brenner, Law Office, Dublin, Ohio, for Appellee.