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In an ERISA action against an insurer seeking disability benefits, summary judgment for defendant is reversed where: 1) the administrator failed to render a final decision within the time limits prescribed by the benefit plan and ERISA; and 2) the insurer's references to hemiparesis and the conclusions of the reviewing physicians did not provide a sufficient grounds for the denial of plaintiff's claim.
Filed November 2, 2009
Opinion by Judge Seymour
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