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RUD v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 04-3655.

438 F.3d 772 (2006)

Allan E. RUD, Plaintiff-Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 2006.

Attorney(s) appearing for the Case

Jason W. Whitley (argued), Novitzke, Gust, Sempf & Whitley, Amery, WI, for Plaintiff-Appellant.

Pamela M. Schmidt (argued), Whyte Hirschboeck Dudek, Milwaukee, WI, for Defendant-Appellee.

Before POSNER, ROVNER, and WOOD, Circuit Judges.

POSNER, Circuit Judge.

Allan Rud, a factory worker employed by Andersen Windows, Inc., fell and seriously injured his back. Andersen, which sponsors and administers a welfare benefits plan for its employees, had bought an insurance policy from Liberty Life, whereby the latter would process and pay disability claims under the plan. Rud submitted to Liberty Life a claim for permanent disability benefits. The insurance policy provided that an employee would be deemed...

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