Sharon Seleine v. Fluor Corporation Long-Term Di

Good Law
409 F. App'x 99
United States Court of Appeals for the Ninth CircuitNovember 29, 201009-55257California697 words

Opinion

Opinion

Sharon Seleine appeals from the district court’s judgment in favor of the Fluor Corporation Long-Term Disability Plan (“Plan”) after a bench trial. The Plan terminated Seleine’s disability benefits after the administrator, Life Insurance Company of North America (“LINA”), determined that she did not meet the Plan’s “any occupation” definition of disability. The facts are known to the parties and will not be repeated here except to the extent necessary.

I

Seleine contends that the district court misapplied the abuse-of-discretion standard of review by failing to accord sufficient weight to LINA’s structural conflict. Such conflict bears little weight, however, absent evidence that it “tainted the entire administrative decisionmaking process.” Montour v. Hartford Life & Accident Ins. Co., 588 F.3d 623, 631 (9th Cir.2009). The district court’s conclusion that such evidence is lacking was not clearly erroneous. Furthermore, even if Seleine were correct, remand would not be required given the district court’s alternative holding that it would uphold the benefits decision on de novo review. See Pannebecker v. Liberty Life Assurance Co. of Bos., 542 F.3d 1213, 1218 (9th…

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