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· 11/2/2009

Rasenack Ex Rel. Tribolet v. AIG Life Insurance

Citations

  • 585 F.3d 1311
  • 47 Employee Benefits Cas. (BNA) 2833
  • 2009 U.S. App. LEXIS 24027
  • 2009 WL 3526490

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that courts apply de novo review, even if the plan provides discretion, if the defendant did not substantially comply with ERISA regulations
  • concluding plan administrator abused its discretion when it inexplicably disregarded highly probative medical evidence and affidavits favorable to claimant
  • stating the administrator “cherry-picked the information helpful to its decision to deny” benefits “and disregarded the contrary opinions of the medical professionals”
  • applying de novo review where administrator failed to render a final decision within ERISA’s temporal limits
  • declining to extend deference because AIG supplied no “good faith” justification for its repeated violations of ERISA-mandated deadlines
  • noting the administrator “fail[ed] to even acknowledge Dr. Weintraub’s conclusion that Mr. Rasenack suffered complete and irreversible hemiplegia”

Source: CourtListener parenthetical corpus (CC0).

Judges: Briscoe, Seymour, Porfilio

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.