Legal Opinion
Salomaa v. Honda Long Term Disability Plan
Court of Appeals for the Ninth Circuit
Decided March 7, 2011No. 08-55426PublishedCited by 166 opinions
1Opinion of the Court
Opinion by Judge KLEINFELD; Dissent by Judge HALL.
ORDER
The opinion filed on March 7, 2011 is amended as follows:
At 3202 of the slip opinion, strike the following sentence:
This “any reasonable basis” test is no longer good law.
Replace with:
This “any reasonable basis” test is no longer good law when as in this case an administrator operates under a structural conflict of interest.
The amended opinion is filed concurrently with this Order. With this amendment, Judges Kleinfeld and Silverman voted to deny the petition for hearing. Judge Silverman voted to deny the petition for rehearing en banc,…
2Cases cited15 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
10 more not listed; retrieve them via the Exa API.
3Cited by166 opinions
- Brown v. City of New YorkCourt of Appeals for the Second Circuit · 2015
- Mark Stephan v. Unum Life Insurance Company OfCourt of Appeals for the Ninth Circuit · 2012
- Miles v. Principal Life InsuranceCourt of Appeals for the Second Circuit · 2013
- Pacific Shores Hospital v. United Behavioral HealthCourt of Appeals for the Ninth Circuit · 2014
- Shaw v. Life Insurance Co. of North AmericaDistrict Court, C.D. California · 2015
161 more not listed; retrieve them via the Exa API.