United States Fifth Circuit

Summary judgment for defendant, insurer and plan administrator, in an ERISA case challenging a termination of disability benefits is reversed where: 1) defendant failed to provide plaintiff with a full and fair review; 2) the district court considered evidence outside the administrative record; and 3) defendant's decision to terminate benefits was not supported by evidence in the administrative record.

Appellate Information

• Decided 03/14/2006
• Published 03/15/2006

Judges

• BENAVIDES, Circuit Judge:, Before GARWOOD, DAVIS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lonnie Roach (argued), Bemis, Roach & Reed, Austin, TX, for Robinson.


• For Appellees:
  
• John Bruce Shely (argued), Mary Katherine Strahan, Mitchell A. Reid, Andrews & Kurth, Houston, TX, for Defendant-Appellee.