United States Tenth Circuit

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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.

Appellate Information

  • Decided 12/29/2009
  • Published 12/29/2009

Judges

  • HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and TYMKOVICH, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Brian S. King (Marcie E. Schaap, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

  • For Appellees:
  • 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.

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