United States Tenth Circuit

In an action against the administrator and fiduciary of certain employee group insurance plans seeking payment of death benefits, summary judgment obligating defendant to pay death benefits to plaintiff-widower is affirmed where: 1) there was jurisdiction over the appeal; 2) defendant's interpretation of eligibility and actively at work requirements was arbitrary and unreasonable; and 3) prejudgment interest was properly awarded.

Appellate Information

• Decided 09/14/2008
• Published 09/15/2008

Judges

• EBEL, Circuit Judge., Before TACHA, EBEL and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Joshua Bachrach, Rawle & Henderson, LLP, Philadelphia, PA, for the Defendant-Appellant., Jon E. Brightmire, Doerner, Saunders, Daniel & Anderson, LLP, Tulsa, OK, for the Plaintiff-Appellee.