Legal Opinion

Gunn v. Reliance Standard Life Insurance

District Court, C.D. California

Decided December 24, 2008No. 2:04-cv-01852-FMC-MANxPublished

1Opinion of the Court

ORDER ON ADMINISTRATIVE REVIEW FOLLOWING REMAND

FLORENCE-MARIE COOPER, District Judge.

The matter is before the Court on Administrative review. On October 31, 2006, this Court issued its Order reversing the plan’s decision to terminate plaintiffs benefits. On September 6, 2008, the Ninth Circuit Court of Appeals issued its Memorandum Decision, remanding the matter to the District Court. After this Court’s 2006 ruling, the Ninth Circuit had issued its decision in Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 (2006). On remand, the Circuit Court issued the following directive:

We vacate and…

2Cases cited11 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
  3. James Chappel v. Laboratory Corporation of America, AKA National Health LabCourt of Appeals for the Ninth Circuit · 2000
  4. Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
  5. Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991

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