United States Seventh Circuit

In am ERISA action, district court's grant of defendant's motion for summary judgment is reversed and remanded where: 1) defendant failed in its statutory obligation under ERISA to produce to plaintiff plan documents it used to rule on her entitlement to benefits and is therefore liable for statutory penalties; and 2) plaintiff presented evidence from which a finder of fact could conclude that defendant violated its fiduciary obligation by failing to comply with its obligation under ERISA.

Appellate Information

• Argued 11/06/2007
• Decided 03/05/2009
• Published 03/05/2009

Judges

• ROVNER, Circuit Judge., Before FLAUM, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Robert A. Peterson, Attorney (argued), Advocacy And Benefits Counseling For Health, Inc., Madison, WI, for Plaintiff-Appellant., Richard L. Bolton, Attorney (argued), Boardman, Suhr, Curry & Field, Madison, WI, for American Family Mutual Insurance Company, Ameripreferred PPO Plan., Stephen R. Swofford, Attorney (argued), Hinshaw & Culbertson, Milwaukee, WI, for Connecticut General Life Insurance Company.