Heller, Andrea v. Fortis Benefit Ins

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Andrea Heller appeals the grant of summary judgment to Fortis Benefits Insurance Company (“Fortis”) on her claim that the company improperly denied her disability benefits and breached its fiduciary duty in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461 (1994). After paying Heller disability benefits for five years, For-tis determined that she no longer qualified as disabled under its plan and terminated her benefits. The district court approved this termination and…