Benito T. PEREZ, Jr., Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant-Appellee

This ease involves a straight-forward interpretation of the meaning of words. The Supreme Court has set out the standard in Firestone: does the document grant discretion to the plan administrator in making decisions under the plan? See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). Since the grant must be a clear and affirmative one, as the court correctly holds, see Majority Opinion at 555-556, it seems to me that the words at issue here, furnish “written proof,” do not grant such discretion. I therefore respectfully dissent.

I

The court’s…