Bode
Bode v. ST. JOSEPH'S HEALTH SYSTEMS-HOME HEALTH
Opinion
Opinion
Taylor, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiffs motion for summary judgment on the standard of review is GRANTED.
I. BACKGROUND
Plaintiff is a participant in a long-term employee disability benefit plan administered by Defendant. Standard Insurance Company is the plan’s insurer and its administrator. Plaintiff moves for summary judgment that de novo review is the proper standard of review to be applied in this ERISA case.
II. DISCUSSION
Summary judgment is proper if “there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. Pro. 56(c).
A challenge to an ERISA plan’s denial of benefits is reviewed de novo “unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.” Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989); accord Jebian v. Hewlett Packard Co., 349 F.3d 1098, 1102 (9th Cir.2003) (2-1 decision). If a plan grants discretion to the administrator, a reviewing court will apply an “abuse of discretion” or “arbitrary and capricious”…