R. Evans v. Sun Life & Health Ins. Co

MEMORANDUM

Sun Life & Health Insurance Co. appeals from the district court’s judgment awarding R. Jeffrey Evans past due benefits under his ERISA plan, attorneys’ fees, costs, and interest. We have jurisdiction under 28 U.S.C. § 1291 . We review de. novo the district court’s choice and application of the standard of review to decisions by fiduciaries in ERISA cases. Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir.2006) (en banc). We affirm.

Both parties agree that the plan gives Sun Life discretion to determine eligibility for benefits. Thus, the district court correctly reviewed Sun Life’s decision for abuse of discretion. Id. at 963 . The review is generally limited to the administrative record. Kearney v. Standard Ins. Co., 175 F.3d 1084, 1090-91 (9th Cir.1999) (en banc). The district court did not abuse its discretion by not expanding the record. Sun Life’s conflict of interest required more skeptical judicial review. Montour v. Hartford Life & Accident Ins. Co., 588 F.3d 623, 631 (9th Cir.2009).

Weighing all the facts and circumstances, we conclude that the district court correctly found that Sun Life abused its .discretion in denying Evans’s long-term…