Kniespeck

MEMORANDUM **

UNUM Life Insurance Company of America (UNUM) appeals the district court’s judgment after a two-phase bench trial in favor of Bruce Kniespeek. Knies-peck brought this action under 29 U.S.C. § 1132 (a) to recover benefits that he alleges were wrongfully denied him under a group long-term disability policy (the Pokey) issued by UNUM.

On appeal, UNUM argues that the district court erred in construing the Pokey to require no proof of disabikty when the insured seeks partial disabikty benefits. We agree. Although the language of the Pokey is not a model of clarity, the district court’s interpretation of “partial dis-abikty” conflicts with the rest of the plan’s provisions. See Tr. of S. Cal. IBEW-NECA Pension Trust Fund v. Flores, 519 F.3d 1045, 1047-48 (9th Cir.2008). Reading the term “disabikty” to mean a condition distinct from “partial disabikty” creates numerous internal inconsistencies in the Pokey. We thus construe “disabikty” to include “partial disabikty,” such that the Pokey’s proof of claim requirement also appkes to Kniespeck’s claim of partial disabikty. Upon request from UNUM, Kniespeek had to provide proof of continuing disabikty and care of a physician.…