Williams v. Unum Life Insurance Co. of America
Opinion
Lead Opinion
Fletcher, J.
Gregery D. Williams appeals the grant of summary judgment to UNUM Insurance Company dismissing his ERISA action seeking disability benefits. The district court concluded that Williams’ claim was barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291 and we reverse and remand.
I.
Williams began working as a medical equipment representative for Storz Surgical Instruments in May 1987. As an employee of Storz, Williams had benefits that included *1110 long-term disability insurance from defendant UNUM Insurance Company. Due to complications stemming from a back injury sustained in an automobile accident, which occurred on July 31, 1987, Williams stopped working on approximately June 16,1988. On September 22, 1988, Williams’ physician, Dr. White, performed a spinal fusion on Williams. On February 1, 1989, Williams returned to work. In all, he was away from work for about eight months as a result of the disability caused by the accident.
On March 26, 1989, less than two months after he returned to work, Williams was involved in a second automobile accident. At the time of the second accident, he was still receiving treatment for the earlier back…