United States Eighth Circuit

In an ERISA action based on the discontinuation of plaintiff's long-term disability (LTD) benefits, summary judgment for defendant is affirmed in part where defendant-insurer could not be held liable for statutory penalties because 29 U.S.C. section 1132(c) only provided a cause of action against plan administrators. However, the order is reversed in part where defendant's failure to comply with its duty under section 1133(2) to provide plaintiff with "a reasonable opportunity for a full and fair review" of defendant's decision to discontinue plaintiff's LTD benefits excused plaintiff's failure to exhaust before bringing suit under section 1132(a).

Appellate Information

• Decided 11/17/2009
• Published 11/17/2009

Judges

• RILEY, Circuit Judge., Before MURPHY, JOHN R. GIBSON, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Luther Oneal Sutter, argued, Benton, AR, for appellant.


• For Appellees:
  
• Ellen L. Perlioni, argued, Melissa Mona Hensley, Sharon Fast Fulgham, on the brief, Dallas, TX, for appellee Prudential Ins. Co., Mark D. Spencer, argued, Oklahoma City, OK, Charles W. Reynolds, Little Rock, AR, Brandon P. Long, on the brief, Oklahoma City, OK, for appellee J.B. Hunt Transportation.