United States Sixth Circuit

Where language in disability insurance policies does not grant discretion to the insurer in making residual disability determinations, denial of ERISA benefits is reviewed de novo; record did not support denial of benefits when only insurer's physicians, who had not examined employee, disagreed with her treating physicians.

Appellate Information

• Decided 05/21/2002
• Published 05/21/2002

Judges

• Before: MERRITT, SILER and DAUGHTREY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Kathryn E. Barnett (briefed), Donald Capparella (briefed), John A. Day (argued and briefed), Branham & Day, Brentwood, TN, for Plaintiff-Appellee., Steven A. Riley (briefed), Katharine R. Cloud (argued and briefed), Jennifer A. Lawson, Bowen, Riley, Warnock & Jacobson, Nashville, TN, for Defendant-Appellant.