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Black v. Long Term Disability Insurance

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ARGUED MAY 28, 2009

Before EVANS, WILLIAMS, and TINDER, Circuit Judges.

For many years Elizabeth Black served as executive director of Milwaukee World Festival, Inc. (“MWF”), the organization that operates Summerfest, an annual 11-day music festival in Milwaukee, Wisconsin. As a benefit of her employment with MWF, Black received long-term disability insurance coverage under an insurance plan (“the Plan”) that is underwritten and administered by Standard Insurance Company. In August 2003, Black informed MWF’s president that she was disabled and could no longer work due to multiple aortic aneurysms and high blood pressure. She applied for long-term disability benefits, but Standard denied her claim and her later appeal. Black filed this suit in the district court under the Employee Retirement Income Security Act of 1974 (“ERISA”), see 29 U.S.C. § 1132(a)(1)(B), and both parties moved for summary judgment. Applying the arbitrary and capricious standard of review, the district court affirmed Standard’s denial of benefits.

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