United States Ninth Circuit
Feibusch v. Integrated Device Tech., Inc. Employee Benefit Plan, 04-16501
In an ERISA action, a decision that an insurer, as issuer and administrator, did not abuse its discretion in terminating plaintiff's disability benefits is reversed where the district court: 1) did not apply the de novo standard of review, which was required since policy language did not merit deferential judicial review; and 2) did not correctly interpret the plan's provisions for termination of total disability.
Appellate Information
- Argued 07/24/2006
- Decided 09/07/2006
- Published 09/07/2006
Judges
- HUG, Circuit Judge., Before PROCTER HUG, JR., GILBERT STROUD MERRITT, and RICHARD A. PAEZ, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Mark D. DeBofsky, Daley, DeBofsky & Bryant, Chicago, IL; Alan Van Etten & Robert D. Harris, Damon Key LeongKupchak Hastert, Honolulu, HI, for the plaintiff-appellant.
- For Appellees:
- Keith K. Hiraoka, Roeca Louie & Hiraoka, Honolulu, HI; Mark E. Schmidtke, Schmidtke Hoeppner Consultants LLP, Valparaiso, IL, for the defendant-appellee.