United States Ninth Circuit

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Orzechowski v. The Boeing Company Non-Union Long-Term Disability Plan, 14-55919

In an ERISA action challenging a decision to terminate the plaintiff's long-term disability benefits, the district court's judgment after bench trial in favor of defendants is reversed where: 1) de novo review was required under California Insurance Code section 10110.6, which voided the discretionary clause contained in the plan; 2) section 10110.6 is not preempted by ERISA because it falls within the savings clause set forth in 29 U.S.C. section 1144(b)(2)(A); and 3) section 10110.6 applied to the plaintiff's claim because the relevant insurance policy renewed after the statute's effective date.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/11

Judges

  • BYBEE

Court

  • United States Ninth Circuit

Counsel


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