Silver

ORDER

The opinion filed August 7, 2006 at slip op. 8907 [ 457 F.3d 982 ] is amended as follows:

The final paragraph of the Standard of Review Section at slip op. 8918-19 [ 457 F.3d at 988 ] is deleted and replaced by the following:

With that amendment we reinstate the mandate.

OPINION

Marc Silver claims that he is disabled due to the deteriorating condition of his *729 heart. He argues that, as a result of his disabling heart condition, he is entitled to benefits under an insurance policy issued by the UNUM Life Insurance Company of America (“UNUM”). UNUM claims that Silver recovered from his disability and that under the terms of the policy he is therefore not entitled to benefits. Following a bench trial, the district court upheld UNUM’s decision to deny Silver’s claim. We now reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

Since 1974, Executive Car Leasing has provided coverage for its employees under a long-term disability insurance policy (“Policy”). The Policy is administered by UNUM and governed by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. It provides benefits to Executive Car Leasing employees who suffer a loss of earnings due to…