United States Second Circuit

In a challenge to defendent-insurer's denial of plaintiff's claim for long-term disability benefits, dismissal of plaintiff's complaint is reversed and remanded where: 1) in light of the Supreme Court decision in Metropolitan Life Insurance Co. v. Glenn, the Employee Retirement Income Security Act (ERISA) plan administrator abused its discretion in denying plaintiff's claim; 2) the administrator had a conflict of interest because it had both the discretionary authority to determine the validity of the employee's claim and paid the benefits under the policy; 3) a reasonable trier of fact would conclude that defendant-insurer's denial of long-term disability was arbitrary and capricious; and 4) plaintiff was entitled to benefits and interest running from September 18, 1995, the date on which defendant-insurer rejected plaintiff's appeal.

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  WALKER, B.D. PARKER, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eugene R. Anderson,(Dona S. Kahn, on the brief), Anderson Kill & Olick, P.C., New York, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Patrick W. Begos,(Evan L. Gordon, New York, N.Y., on the brief), Begos Horgan & Brown, LLP, Westport, CT, for Defendant-Appellee.