Geiger

MEMORANDUM DECISION AND ORDER ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P.

Defendant Hartford Life Insurance Company seeks partial summary judgment to determine the official standard of review and applicable benefit standard under the ERISA plan at dispute in this case.

I.INTRODUCTION

The issue is which ERISA standard should be used to judge the termination of benefits in this case. The Hartford Life Insurance Company (“Defendant”) moves for a partial summary judgment that the appropriate ERISA standard under which to review the termination of the benefits of Joseph L. Geiger (“Plaintiff’) is abuse of discretion. Doc. 11 (“Defendant’s Memo”), filed May 18, 2004. Plaintiff opposes and alleges that the appropriate standard of review is de novo. Doc. 14 (“Plaintiffs Opposition”), filed June 7, 2004.

II.PROCEDURAL HISTORY

On September 11, 2003, Plaintiff filed a complaint alleging that Defendant’s decision to terminate Plaintiffs ERISA benefits “was wrongful, unreasonable, irrational, sorely contrary to the evidenced cjontrary to the terms of the Plan[,j and contrary to the law.” Doc. 1 (“Plaintiffs Complaint”) at 2, ¶ 13, filed September 11,…