United States Sixth Circuit

Judgment for insurer in a suit over the termination of disability benefits for the President and Chairman of an administrative firm is affirmed where: 1) the insurer had broad discretion under the policy to make a determination of the insured's "own occupation," and its determination was not arbitrary and capricious; and 2) the insured did not show significant evidence that an alleged conflict of interest in the insurer's dual role as the administrator of the ERISA plan and the issuer of the insurance policy under the plan influenced its decision.

Appellate Information

• Decided 10/03/2006
• Published 10/03/2006

Judges

• Before COLE, GILMAN, and FRIEDMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Don L. Hearn, Jr., Glanker Brown, Memphis, Tennessee, for Appellant.  David A. Thornton, Bass, Barry & SIMS, Memphis, Tennessee, for Appellee.   ON BRIEF:  Don L. Hearn, Jr., John I. Houseal, Jr., Glanker Brown, Memphis, Tennessee, for Appellant.  David A. Thornton, Bass, Barry & Sims, Memphis, Tennessee, for Appellee.