Plaintiff filed a lawsuit under the Employee Retirement Income Security Act to recover long term benefits she alleged she was entitled to under an employee benefit plan. The district court granted summary judgment in favor of the defendant and plaintiff appealed. The Seventh Circuit affirmed, holding that the district court did not err where plaintiff’s initial application for benefits indicated that she was not employed at the time of the onset of her disability. The appellate court acknowledged that plaintiff amended her application when she appealed the initial coverage denial, but explained that the new information changed the nature of her insurance claim and meant that she was required to submit a new application for benefits. (EASTERBROOK and MALDONADO, concurring)
Federal 7th Circuit Court
Civil Court
Insurance Coverage