[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 08-11532 DEC 17, 2008
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 04-02075-CV-BBM-1
ROSS GLENN MOORMAN, JR.,
Plaintiff-Appellant,
versus
UNUMPROVIDENT CORPORATION,
a Delaware corporation, in its individual capacity
and as controlling parent of its wholly owned subsidiary,
Unum Life Insurance Company of America, a Maine corporation,
UNUM LIFE INSURANCE COMPANY OF AMERICA,
a Maine corporation, in its individual capacity
and as a wholly owned and controlled subsidiary of
UmumProvident Corporation, UNUM CORPORATION,
a Maine corporation merged to form UnumProvident
Corporation, in its individual capacity and as controlling
parent company of its wholly owned subsidiary, Unum Life
Insurance Company of America, A Maine corporation,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(December 17, 2008)
Before BIRCH and PRYOR, Circuit Judges, and STROM,* District Judge.
PER CURIAM:
This appeal presents issues about an insurer’s decision to terminate a
policyholder’s long-term disability benefits. Unum Life Insurance Company of
America terminated the long-term disability benefits of Ross Glenn Moorman Jr.
after twelve months because there was no medical evidence that Moorman
continued to qualify for benefits. Moorman sued Unum under the Employee
Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq., and the
Racketeer Influenced Corrupt Organization Act of 1970, 18 U.S.C. §§ 1961 et seq.
The district court granted summary judgment in favor of Unum and this appeal
followed. After oral argument and a thorough review of the record and the parties’
briefs, we conclude that the district court did not abuse its discretion or commit any
reversible error.
The summary judgment in favor of Unum is AFFIRMED.
*
Honorable Lyle E. Strom, United States District Judge for the District of Nebraska,
sitting by designation.
2