· 5/28/1999
Barnhart v. Unum Life Insurance Co. of America
Citations
- 179 F.3d 583
- 1999 U.S. App. LEXIS 11014
- 1999 WL 359895
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding when an entity funds a plan and is also the plan administrator there is a rebuttable presumption of a palpable conflict of interest
- holding a claimant must do more than make unsubstantiated assertions to prove a palpable conflict of interest or serious procedural irregularity
- refusing to apply the sliding scale approach where conflicted administrator had both a physical therapist and physician perform independent evaluations of claimant
- to show serious breach of administrator’s fiduciary duty caused by a conflict of interest, conflict of interest must be shown to have a connection with the substantive decision reached
Source: CourtListener parenthetical corpus (CC0).
Judges: McMillian, Arnold, Nangle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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