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MORGAN v. UNUM LIFE INS. CO. OF AMERICA

No. 02-3541.

346 F.3d 1173 (2003)

Robert A. MORGAN, Appellee, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 22, 2003.

Attorney(s) appearing for the Case

Terrance J. Wagener, argued, Bloomington, MN (John Harper III, on the brief), for appellant.

Denise Y. Tataryn, argued, Minneapolis, MN, for appellee.

Before MORRIS SHEPPARD ARNOLD and HANSEN, Circuit Judges, and READE, District Judge.

HANSEN, Circuit Judge.

This is a case arising under the Employee Retirement Income Security Act of 1974 (ERISA). UNUM Life Insurance Company of America, the insurer and plan administrator, initially awarded long-term disability benefits to Robert A. Morgan on account of his fibromyalgia and insomnia. However, after conducting surveillance of Morgan's activities the following year, UNUM terminated his benefits. Morgan exhausted...

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