Mark Eppler v. Long Term Disability and Life

MEMORANDUM

Plaintiff Mark A. Eppler appeals from the summary judgment entered in favor of Defendants Hartford Life and Accident In surance Company and Long Term Disability and Life Plan for Employees of Minnesota Methane LLC. We affirm.

Plaintiff first contends that the district court erred in reviewing for abuse of discretion Hartford Life’s decision to terminate his long-term disability benefits. We review this issue de novo. Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir.2006) (en banc). The proper standard of review of the decision was for abuse of discretion because the plan (not merely a collateral document) expressly granted discretion to the plan administrator. Id. at 963 . Hartford Life’s delay in processing Plaintiffs appeal for review of the termination decision was not so serious a procedural violation as to alter the standard of review. Id. at 959, 971 ; Gatti v. Reliance Standard Life Ins. Co., 415 F.3d 978, 985 (9th Cir.2005).

Plaintiff next argues that the district court failed adequately to consider Hartford Life’s conflict of interest. We review this issue de novo as well. Abatie, 458 F.3d at 962 . When a conflict exists, the district court…