Cecil Ray Arnold v. Life Insurance Company of North America

Because I cannot agree with the Court’s approach to interpreting the insurance policy at issue in this case, and because I ultimately reach a different conclusion as to its meaning, I respectfully dissent.

I. STANDARD OF REVIEW

It is clear that if deferential “arbitrary and capricious” review were applied to the plan administrator’s decision to deny benefits in this case, we would be obliged to uphold that decision. I have no doubt that the plan administrator’s interpretation of the policy is rationally supportable. As discussed below in Part II, however, my de novo interpretation of the policy…