Mogck v. Unum Life Insurance Company of America

292 F.3d 1025 Kenneth L. MOGCK, an individual, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine corporation; Group Long Term Disability Insurance Policy, non participating, an employee welfare benefits plan under ERISA, Defendants-Appellees. No. 00-56797. United States Court of Appeals, Ninth Circuit. Argued December 6, 2001. Submitted January 14, 2002. Filed June 10, 2002. Thomas M. Monson and Susan L. Horner, Miller, Monson, Peshel, Polacek & Hoshaw, San Diego, CA, for the plaintiff-appellant. Edwin A. Oster, Barger & Wolen, LLP, Irvine, CA, for the defendants-appellees. Appeal from the United States District Court for the Southern District of California Cynthia G. Aaron, Magistrate Judge, Presiding. D.C. No. CV-99-00201-CGA. Before LEAVY, T.G. NELSON and W. FLETCHER, Circuit Judges. OPINION LEAVY, Circuit Judge. 1 The question presented in this case is whether the contractual time limitation has expired on an insured's action against his insurer for disability benefits. The long-term disability policy at issue is governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. We conclude that the insurer, in…