Schadler v. Anthem Life Insurance

KING, Circuit Judge:

In this case under the Employee Retirement Income Security Act, plaintiff-appellant Anita Schadler appeals the district court’s determination that she is ineligible to receive benefits under her husband’s accidental death and dismemberment policy based upon an exclusion asserted by defendants-appel-lees for the first time on appeal to the district court. Because we conclude that the plan administrator failed to make the initial benefits determination as required by the plan, we vacate the judgment of the district court and remand with instructions to remand to the plan…