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MILLER v. FORTIS BENEFITS INS. CO.

Civil Action No. 03-4428(SSB).

363 F.Supp.2d 700 (2005)

Paul MILLER, Plaintiff, v. FORTIS BENEFITS INSURANCE COMPANY, and Resorts International Hotel, Defendants.

United States District Court, D. New Jersey.

March 16, 2005.

Attorney(s) appearing for the Case

Robert K. Merenich, Esq., Gemmel, Todd & Merenich, P.A., Linwood, NJ, for Plaintiff.

Randi F. Knepper, Esq., Del Mauro, Digiaimo, Knepper & Heck, Morristown, NJ, for Defendant Fortis Benefits Insurance Company.

Kevin S. Smith, Esq., Avolio & Hanlon, P.C., Lawrenceville, NJ, for Defendant Resorts International Hotel.

OPINION REGARDING FORTIS BENEFITS INSURANCE COMPANY'S RENEWED MOTION TO DISMISS THE AMENDED COMPLAINT

BROTMAN, District Judge.

This action arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 USC § 1001, et. seq., to clarify disability benefits under an employer's private long-term disability plan. Defendants move to dismiss arguing that Plaintiff's claim is time-barred by the insurance policy's statute of...

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