Legal Opinion
Carolyn Herzberger v. Standard Insurance Company, Beverly A. Johnson v. Prudential Insurance Company of America
Court of Appeals for the Seventh Circuit
Decided February 23, 2000No. 99-1944, 99-3116PublishedCited by 215 opinions
1Opinion of the Court
POSNER, Chief Judge.
We have consolidated for decision two appeals that raise the same issue regarding the scope of judicial review of decisions by administrators of ERISA welfare or pension plans to deny benefits sought by participants in or beneficiaries of such plans. The issue is whether language in plan documents to the effect that benefits shall be paid when the plan administrator upon proof (or satisfactory proof) determines that the applicant is entitled to them confers upon the administrator a power of discretionary judgment, so that a court can set it aside only if it was “arbitrary…
2Cases cited24 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1999
- Judith Perlman v. Swiss Bank Corporation Comprehensive Disability Protection PlanCourt of Appeals for the Seventh Circuit · 2000
- Benito T. PEREZ, Jr., Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1998
- Martha Kinstler v. First Reliance Standard Life Insurance CompanyCourt of Appeals for the First Circuit · 1999
19 more not listed; retrieve them via the Exa API.
3Cited by215 opinions
- Evory v. RJM ACQUISITIONS FUNDING LLCCourt of Appeals for the Seventh Circuit · 2007
- Mark C. Hawkins v. First Union Corporation Long-Term Disability PlanCourt of Appeals for the First Circuit · 2003
- Susan E. Hess v. Hartford Life & Accident Insurance CompanyCourt of Appeals for the Seventh Circuit · 2001
- Kevin Miller v. McCalla Raymer, Padrick, Cobb, Nichols, and Clark, L.L.C., and Echevarria, McCalla Raymer, Barrett, and FrappierCourt of Appeals for the Seventh Circuit · 2000
- Hackett v. Xerox Corp. Long-Term Disability Income PlanCourt of Appeals for the Seventh Circuit · 2003
210 more not listed; retrieve them via the Exa API.