Hancock v. Metro. Life Ins. Co., 08-4161
In an action for disability benefits under ERISA, summary judgment for defendant-insurer is affirmed where: 1) the application of Utah Admin. Code section 590-218 to the benefits plan was expressly preempted by ERISA; 2) defendant's benefit-denial letter could not have violated 29 C.F.R. section 2560.503-1(g) because that provision applied only to denials of benefits, not denials of appeals; and 3) defendant did not deny plaintiff a full and fair review.
- Decided 12/29/2009
- Published 12/29/2009
HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and TYMKOVICH, Circuit Judges.
United States Tenth Circuit
Brian S. King (Marcie E. Schaap, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.
Jack M. Englert, Jr., Holland & Hart LLP, Greenwood Village, CO, (James L. Barnett, Holland & Hart LLP, Salt Lake City, UT, with him on the brief), for Defendant-Appellee.