DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051130P.pdf 12/07/2005 Vikki A. Wise v. Kind & Knox Gelatin
U.S. Court of Appeals Case No: 05-1130
Northern District of Iowa
[PUBLISHED] [Riley, Author, with Heaney and Colloton, Circuit Judges]
Civil Case - ERISA. District court's decision finding abuse of discretion
in denial of benefits based a 12-month treatment-free period for
intercostal neuritis condition is reversed. Record supports that claimant
received treatment for intercostal neuritis during treatment-free period
and plan administrator did not abuse its discretion in denying claim for
long term disability benefits under pre-existing condition provision.