already paid to a beneficiary. The plain language of the opening clause of Subsection (A), viewed in isolation, can most certainly be read in the manner suggested by the Trustee. Specifically, the phrase “to be paid or rendered,” can reasonably be read as the future tense of the verbs “pay” and “render,” and would thus indicate that the clause is referring to all types of money or benefits that will be paid or rendered to an insured or beneficiary at some point in the future (whether or not the triggering event for payment of such money or benefits has or has not already occurred). See United States v. Gibbons, 71 F.3d 1496, 1500 n.3 (10th Cir. 1995) (noting that the use of “to be” indicates future tense); Ferguson v. Flying Tiger Line, Inc., 688 F.2d 1320, 1323 (9th Cir. 1982) (<HOLDING>). Under such a reading, the opening clause of
recognizing that where the marks share a word or phrase but are otherwise different the plaintiff is not pmmitted to claim a right to all variant of the phrase in a specific market holding that a phrase should be interpreted consistent with the context of the statute in which it is contained holding that meterman was not entitled to compensation for time spent taking a course to advance to a higher paying job classification because his employer did not require him to take the course and he would have remained a meterman with the same responsibilities and credits had he chosen not to take the course holding that the phrase  to  be taken is of course a future tense of the verb take holding that the possibility of a mistaken understanding of the phrase preponderance of the evidence on the part of the jury is too remote to constitute plain error when counsel gave the jury an accurate explanation of the legal meaning of the phrase in his closing argument and that meaning is consistent with the common understanding of the words in the phrase