Kearney

Plaintiff-appellant Rex T. Kearney, Jr. is an attorney who was a civil trial partner, and managing, partner, at the law firm of Ingoglia, Marskey & Kearney. In 1992, following open heart surgery, he began receiving disability benefits under a Long Term Disability Plan issued by Defendant-Appellee Standard Insurance Company. Within two years of approving such benefits, however, Standard terminated them. Kearney eventually brought suit under the Employment Retirement Income Security Act (ERISA),- 29 U.S.C. § 1132 (a)(1)(B) (1994), but the district court granted summary judgment in favor of Standard primarily because in its view “the fact that [Kearney] should, like most of us, avoid severe emotional stress or very hard work does not warrant the conclusion that he cannot practice as a trial attorney.” We find both the district court’s “diagnosis” and its conclusion very much open to question. Therefore, we reverse and remand.

BACKGROUND

Because we must review this ease de novo, 1 we set forth the facts in some detail.

Rex Kearney regularly worked long hours trying civil lawsuits until he encountered health problems. As a trial attorney, a large part of Kearney’s success was due to…