Marcus Allen v. First Unum Life Insurance Company
Marcus Allen v. First Unum Life Insurance Company
Opinion
USCA11 Case: 23-11039 Document: 46-1 Date Filed: 01/24/2025 Page: 1 of 3
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11039 ____________________ MARCUS ALLEN, M.D., Plaintiff-Appellant, versus FIRST UNUM LIFE INSURANCE COMPANY, PROVIDENT LIFE AND CASUALTY INSURANCE COMPANY, UNUM GROUP,
Defendants-Appellees.
____________________ Appeal from the United States District Court for the Middle District of Florida USCA11 Case: 23-11039 Document: 46-1 Date Filed: 01/24/2025 Page: 2 of 3
2 Opinion of the Court 23-11039 D.C. Docket No. 2:18-cv-00069-JES-KCD ____________________ Before ROSENBAUM, LAGOA, and WILSON, Circuit Judges.
PER CURIAM: The court has considered all Plaintiff-Appellant Dr. Marcus Allen’s arguments, including that: I. The district court erred in denying Allen’s summary judgment motion on his breach of contract claim re- lated to the individual disability income insurance policies; II. The district court abused its discretion when at trial it (1) admitted eye examination evidence from before Allen’s termination of benefits, (2) admitted evidence of Allen’s intent to step away from his job, (3) ex- cluded the decision of the Social Security Administra- tion, and (4) admitted testimony and evidence from Dr. DiLoreto as a lay opinion witness; III. The district court erred when it denied Allen’s mo- tions for judgment as a matter of law on his claim un- der the individual disability income insurance poli- cies; and IV. The district court erred when it granted First Unum Life Insurance Company and Unum Group’s motion for summary judgment on Allen’s bifurcated USCA11 Case: 23-11039 Document: 46-1 Date Filed: 01/24/2025 Page: 3 of 3
23-11039 Opinion of the Court 3 Employee Retirement Income Security Act claim un- der 29 U.S.C. § 1132(a)(1)(B).
After review of the record and the briefs, and with the ben- efit of oral argument, we find no reversible error and, therefore, affirm.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.