Vanderklok V. Provident Life And Accident Insurance Co‪.‬

CONTIE, Senior Circuit Judge. Plaintiff-appellant, Herbert VanderKlok, appeals, and defendant-appellee, Provident Life and Accident Insurance Co., Inc., cross appeals from the district court's order dismissing count one of plaintiff's complaint, alleging violation of 29 U.S.C. § 1132(c), pursuant to Fed. R. Civ. P. 12(b)(6), and granting summary judgment to defendant on counts two and three, which alleged that defendant's denial of disability benefits violated the Employee Income Security Act, 29 U.S.C. §§ 1001 et seq. [hereinafter, "ERISA" or "the Act"]. For the following reasons, we affirm in part and reverse in part.