Hicklin

MEMORANDUM

Terri Hicklin sued Hartford Life and Accident Insurance Company (“Hartford”) for discontinuing her life insurance coverage and disability benefits. Ms. Hicklin’s policy with Hartford granted Hartford discretion to determine eligibility for benefits. The district court reviewed Hartford’s decision to discontinue benefits de novo and ordered Hartford to reinstate life insurance coverage and disability benefits and to pay retroactive disability benefits. Hartford appeals, arguing that its decision should have been reviewed only for abuse of discretion.

We review an ERISA administrator’s decision de novo unless the plan grants the administrator discretionary authority to determine eligibility for benefits; then the review is for abuse of discretion. Metro. Life Ins., Co. v. Glenn, 554 U.S. 105, 111 , 128 S.Ct. 2343 , 171 L.Ed.2d 299 (2008). However, if the administrator commits “wholesale and flagrant violations of the procedural requirements of ERISA,” the standard of review reverts back to de novo. Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 971 (9th Cir.2006) (en banc).

The procedural violations cited by the district court are insufficient to justify…