Horn

Horn v. Provident Life & Accident Insurance

Good Law
351 F. Supp. 2d 954·2004 WL 2862332·34 Employee Benefits Cas. (BNA) 2952·2004 U.S. Dist. LEXIS 25114
United States District Court, Northern District of CaliforniaDecember 13, 2004C 04-0589 MHPCalifornia8,783 words

Opinion

Opinion

Patel, J.

Plaintiff Lawrence Horn filed this action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., seeking review of defendants’ calculation of his disability benefits. Now before the court are the parties’ cross-motions for summary adjudication as to the issue of what standard of review this court should apply -in its evaluation of defendants’ decision denying plaintiffs request for additional disability benefits. Having considered the arguments presented and for the reasons stated below, the court enters the following memorandum and order.

BACKGROUND

Plaintiff has participated in an employee welfare benefit plan sponsored by defendant California Teachers Association Group Salary Protection Insurance Plan (“the Plan”) since April 1999. Kawasaki Deck, Exh. B at U/A 2-3. Throughout this period, defendants UnumProvident Corp. and its subsidiary, Provident Life & Accident Insurance Co., (collectively “Provident”) have provided Plan mem bers with coverage under a group disability insurance policy issued to the California Teachers Association (“CTA”). See generally id., Exh. A. On September 13, 2000, plaintiff filed with the Plan a claim for…

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