Newman v. Standard Ins. Co.

1 Citing case

  1. Alford v. DCH Foundation Group Long-Term Life Ins. Co. of America

    144 F. Supp. 2d 1183 (C.D. Cal. 2001)   Cited 7 times
    Stating that plaintiff failed to produce any evidence that "self-interest, or conflict of interest, on UNUM's part affected its decision-making or otherwise led to a breach of fiduciary obligations" -e.g., "[t]here is no allegation or evidence that UNUM has offered inconsistent bases for denial, changed its interpretation of plan documents, failed to follow internal procedures for making claims or appealing denials, or otherwise allowed a conflict of interest to taint its decision"

    If the plan does not meet its burden, courts review the decision to deny benefits de novo.Friedrich, 181 F.3d at 1109 (citing Atwood, 45 F.3d at 1323); see also Newman v. Standard Ins. Co., 997 F. Supp. 1276, 1279 (C.D.Cal. 1998). "Only if the administrator does meet its burden is it entitled to the deferential abuse of discretion standard of review."