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LOUGHMAN v. UNUM PROVIDENT CORP.

Nos. 04 Civ. 5494(WCC), 04 Civ. 6510(WCC), 05 Civ. 2338(WCC).

536 F.Supp.2d 371 (2008)

Virginia LOUGHMAN and Michael Houlihan, individually, and on behalf of all others similarly situated, Plaintiffs, v. UNUM PROVIDENT CORPORATION, Unum Life Insurance Company of America, First Unum Life Insurance Company and Colonial Life & Accident Insurance Company, Defendants.

United States District Court, S.D. New York.

February 25, 2008.

Attorney(s) appearing for the Case

Horwitz, Horwitz & Paradis, New York, NY (Paul O. Paradis, Gina M. Tufaro, of Counsel), Quadrino & Schwartz, P.C., Garden City, Ny (Richard J. Quadrino, Evan S. Schwartz, Michell Z. Hack, of Counsel), Law Offices of Peter G. Eikenberry, New York, NY (Peter G. Eikenberry, of Counsel), for Plaintiffs.

Pierce Atwood LLP, Portland, ME (William J. Kayatta, Jr., Nikolas P. Kerest, of Counsel), Begos & Horgan, LLP, Bronxvile, NY (Patrick W. Begos, of Counsel), for Defendants.

OPINION AND ORDER

CONNER, Senior District Judge.

Plaintiffs Michael Houlihan and Virginia Loughman bring this purported class action against defendants UnumProvident Corporation, Unum Life Insurance Company of America, First Unum Life Insurance Company and Colonial Life and Accident Insurance Company (collectively, "Unum"). In their Second Amended Complaint, plaintiffs allege that Unum: (1) wrongfully terminated Houlihan's long-term disability ("LTD...

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