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applying a de novo standard of review "because the validity or lawfulness of the delegation cannot be determined on this record, and because the courts that have considered the applicability of section 1701.062 of the Texas Insurance Code have found that it does render a delegation of discretionary authority unenforceable.
Summary of this case from Talasek v. Unum Life Ins. Co. of Am.Opinion
CIVIL ACTION NO. 4:18-CV-3935
01-28-2020
LUIS LEBRON, Plaintiff, v. THE BOEING COMPANY EMPLOYEE HEALTH AND WELFARE PLAN, et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court in the above referenced proceeding is Defendants National Union Fire Insurance Company of Pittsburgh, PA and AIG Claims, Inc.'s Motion for Summary Judgment (Doc. No. 15); Plaintiff Luis Lebron's Cross Motion for Summary Judgment (Doc. No. 16); Judge Stacy's Memorandum and Recommendation (Doc. 20); and Plaintiff's Objections to Memorandum and Recommendation (Doc. No. 21).
The Court has reviewed the case, de novo, and agrees with the Magistrate Judge's conclusion that Plaintiff is not entitled to benefits under the Supplemental AD&D policy at issue in this case. Accordingly, the Court hereby
ORDERS that Plaintiff's Objections (Doc. No. 21) are OVERRULED; the Memorandum and Recommendation (Doc. No. 20) is ADOPTED; Defendants' Motion for Summary Judgment (Doc. No. 15) is GRANTED; and, Plaintiff's Cross Motion for Summary Judgement (Doc. No. 16) is DENIED.
SIGNED at Houston, Texas, this 28th day of January 2020.
/s/_________
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE