United States Tenth Circuit

In an ERISA action against an insurer seeking disability benefits, summary judgment for defendant is reversed where 1) the administrator failed to render a final decision within the time limits prescribed by the benefit plan and ERISA; and 2) the insurer's references to hemiparesis and the conclusions of the reviewing physicians did not provide a sufficient grounds for the denial of plaintiff's claim.

Appellate Information

• Decided 11/02/2009
• Published 11/02/2009

Judges

• SEYMOUR, Circuit Judge., Before BRISCOE, SEYMOUR and PORFILIO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John Case of Benson & Case, LLP, Denver, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• James D. Kilroy (Katrin Miller Rothgery and Jessica E. Yates with him on the brief) of Snell & Wilmer L.L.P., Denver, CO, for Defendants-Appellees.