United States Sixth Circuit

In an ERISA action against an insurer for wrongful termination of longterm disability benefits, judgment for Defendant is reversed where the record established that Plaintiff was disabled under the terms of the policy, and thus the plan administrator's decision to terminate benefits was arbitrary and capricious.

Appellate Information

• Decided 03/08/2009
• Published 06/30/2009

Judges

• MARTHA CRAIG DAUGHTREY, Circuit Judge, Before:  DAUGHTREY, CLAY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Larry W. Bennett, Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellant.  Stephen L. Witenoff, Thomas, DeGrood & Witenoff, P.C., Southfield, Michigan, for Appellees.   ON BRIEF:  Larry W. Bennett, Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellant.  Stephen L. Witenoff, Thomas, DeGrood & Witenoff, P.C., Southfield, Michigan, for Appellees.