United States Tenth Circuit
Geddes v. United Staffing Alliance Employee Med. Plan, 05-4142
In the context of court review of an ERISA health plan's denial of benefits, a fiduciary's decision to delegate part of its Firestone authority to an independent claims administrator does not trigger de novo review, as opposed to review for arbitrariness and capriciousness.
Appellate Information
- Decided 11/15/2006
- Published 11/16/2006
Judges
- McCONNELL, Circuit Judge., Before KELLY, HOLLOWAY, and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- D. David Lambert, (Leslie W. Slaugh, with him on the brief) Howard, Lewis & Petersen, L.L.C., Provo, Utah, for Defendant-Appellant Everest Administrators, Inc., Lawrence D. Buhler, Salt Lake City Utah, for Defendant-Appellant United Staffing Alliance, L.L.C., Jeffrey J. Droubay (Michael L. Larson with him on the briefs) Parsons Behle & Latimer, Salt Lake City, Utah, for Plaintiffs-Appellees.