United States Tenth Circuit
BAITHER v. AETNA LIFE INS. CO., 03-7029
Dismissal of plaintiff's claim for disability benefits is reversed where defendant-plan administrator's failure to inquire about the reason plaintiff's employer put him on leave rendered its denial arbitrary and capricious.
Appellate Information
- Decided 11/04/2004
- Published 11/04/2004
Judges
- McCONNELL, Circuit Judge., Before MURPHY, HOLLOWAY, and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Will K. Wright, Jr. (Gentner F. Drummond with him on the briefs), The Drummond Law Firm, Tulsa, OK, for Plaintiff-Appellant.
- For Appellees:
- Mark D. Spencer (Amy D. White with him on the brief), McAfee & Taft, P.C., Oklahoma City, OK, for Defendant-Appellee, Aetna Life Insurance Company., Tamsin J. Newman (Joseph J. Costello with her on the brief), Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Defendant-Appellee, Pharmacia Corporation.