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LAO v. HARTFORD LIFE AND ACCIDENT INS. CO.

No. CIV.03-2631(RHK/RLE).

319 F.Supp.2d 955 (2004)

Antonio LAO, Plaintiff, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY and UNUM Life Insurance Company of America, Defendants.

United States District Court, D. Minnesota.

May 26, 2004.

Attorney(s) appearing for the Case

Joseph J. Mihalek, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, MN, for Plaintiff.

Eric C. Tostrud and Gregory J. Meyers, Lockridge Grindal Nauen P.L.L.P., Minneapolis, MN, for Defendant Hartford Life and Accident Insurance Company.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

Between July 1, 1996, and October 1, 1998, St. Mary's Duluth Clinic in Duluth, Minnesota sponsored a long-term disability insurance plan ("the Plan") for its employees through Hartford Life and Accident Insurance Company ("Hartford"). Under the Plan, a participant suffering a twenty-reduction in "current[] earning[s]" due to disability is entitled to residual disability benefits. Dr...

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