Gunn

ORDER ON ADMINISTRATIVE REVIEW FOLLOWING REMAND

The matter is before the Court on Administrative review. On October 31, 2006, this Court issued its Order reversing the plan’s decision to terminate plaintiffs benefits. On September 6, 2008, the Ninth Circuit Court of Appeals issued its Memorandum Decision, remanding the matter to the District Court. After this Court’s 2006 ruling, the Ninth Circuit had issued its decision in Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 (2006). On remand, the Circuit Court issued the following directive:

Igor Gunn v. Reliance Standard Life Insurance Company, 235 Fed.Appx. 553 (9th Cir.2007).

Plaintiff appeals the defendant insurer’s termination of long-term disability benefits.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2001, Plaintiff Igor Gunn (“Gunn”) was employed by UBS/Paine Webber (“PW”) as a financial advisor. At the time, PW participated in a long-term disability (“LTD”) plan (“the Plan”) which was administered by defendant Reliance Standard Life Insurance Co. (“Reliance”). Administrative Record (“AR”) at 1.

The summary plan description (“SPD”) sets forth a description of a limitation on benefits provided for periods of disability…