Wertheim v. Hartford Life Insurance

MEMORANDUM OPINION

ELLIS, District Judge.

At issue on cross-motions for summary judgment in this claim for disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., are the following questions:(1) Where, as here, the plan administrator did not issue a written denial letter to plaintiff after more than two years of consideration, whether plaintiffs claim for disability benefits should be deemed denied under the ERISA regulations and reviewed de novo or remanded to the plan administrator for correction of any procedural errors and…