· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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