Hulbert

I. INTRODUCTION

14 Plaintiff Christian Hulbert (“Hulbert”) filed this ERISA1 action against Defendant Hartford 15 Life and Accident Insurance Company (“Hartford”) following Hartford’s denial of his claim for 16 long term disability benefits under a group insurance policy that Hartford issued to Hulbert’s 17 former employer, Infinera Corporation (“Infinera”). See Compl., ECF 1. The policy in question is 18 Group Long Term Disability Policy No. GLT681103 (“Disability Policy”), which is one 19 component of Infinera Corporation Employee Health and Welfare Benefits Plan (“the Plan”). AR 20 1376, ECF 28. Infinera is the plan administrator, and Hartford is the insurer. AR 1376, 1442. 21 The Disability Policy outlines what employees must show in order to be deemed “Totally 22 Disabled.” AR 1441. A worker is Totally Disabled when he is “unable to perform with reasonable 23 continuity the Essential Duties necessary to pursue [his Own] Occupation in the usual or 24 customary way” for a period of two years. Id. To continue to receive benefits beyond 24 months, 25 the worker must show that he cannot perform with reasonable continuity in “Any Occupation.” Id. 26 Hulbert left his job on August…