Legal Opinion
Denmark v. Liberty Life Assurance Co.
Court of Appeals for the First Circuit
Decided March 28, 2007No. 05-2877PublishedCited by 84 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
This seemingly straightforward appeal of a denial of disability benefits presents difficult issues involving our standard of review in cases arising under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461. In fact, the issues are so difficult that this case has generated three opinions. Although I agree with the district court that the insurer’s denial of disability benefits was neither arbitrary nor capricious, I believe that our circuit should reexamine in an en banc proceeding the standard of review that applies when an insurer both reviews…
2Cases cited33 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Black & Decker Disability Plan v. NordSupreme Court of the United States · 2003
- Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
- Vilma Lissette Vega Jose Vega v. National Life Insurance Services, Inc., Pan-American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1999
- Linda Gail Calvert v. Firstar Finance, Inc., F/k/a Star Bank Corporation, and Liberty Life Assurance Company of BostonCourt of Appeals for the First Circuit · 2005
28 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Denmark v. Liberty Life Assurance Co.Court of Appeals for the First Circuit · 2009
- Post v. Hartford InsuranceCourt of Appeals for the Third Circuit · 2007
- Gross v. Sun Life Assurance Co. of CanadaCourt of Appeals for the First Circuit · 2013
- Morales-Alejandro v. Medical Card System, Inc.Court of Appeals for the First Circuit · 2007
- Coffin v. Bowater Inc.Court of Appeals for the First Circuit · 2007
79 more not listed; retrieve them via the Exa API.