Micha v. Group Disability Benefits Plan for Gynecologic Oncology Associates Partners, LLC

Good Law
597 F. App'x 905
United States Court of Appeals for the Ninth CircuitJanuary 15, 201512-55816California1,468 words

Opinion

Opinion

MEMORANDUM

The district court ordered Sun Life Assurance Company of Canada (“Sun Life”) to pay Group Disability Benefits Plan for Gynecologic Oncology Associates Partners, LLC (“Group Disability”) $38,216.75 in attorney’s fees. 29 U.S.C. § 1132 (g)(1). Sun Life appeals. Exercising jurisdiction pursuant to 28 U.S.C. § 1291 , this court affirms.

Group Disability is an employee welfare plan established and maintained to provide disability benefits to employees of Gynecologic Oncology Associates Partners, LLC (“GOA”). Group Disability purchased a disability policy from Sun Life covering GOA’s employees, including Dr. John Mi-cha. Micha sought disability benefits from Sun Life. When Sun Life denied the claim, Micha brought suit against Sun Life and Group Disability. See 29 U.S.C. § 1132 (a)(1)(B). In response to Micha’s suit, Group Disability filed an answer in which it conceded each and every meaningful allegation in the complaint and asserted Micha was entitled to disability benefits under the terms of the disability policy issued to it by Sun Life. Group Disability also filed a cross-claim against Sun Life; the cross-claim was labeled as a state-law-based request for declaratory…

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