Ermovick v. Mitchell Silberberg & Knupp LLP Long Term Disability Coverage for All Employees

MEMORANDUM

James Ermovick again appeals the district court’s judgment in favor of Mitchell, Silberberg and Knupp LLP Long Term Disability Coverage for All Employees (“the Plan”) upholding the termination of his long term disability benefits. We reverse and remand with instructions to assign this case to a different district judge.

Although not the designated plan administrator, Prudential Insurance Company of America insured the Plan’s benefits and performed day-to-day administration of the Plan. Ermovick was granted “any occupation” disability benefits on April 4, 2003. Prudential terminated these benefits approximately seven months later.

It is undisputed that the standard of review in the district court was de novo. The district court originally upheld the termination of benefits and entered judgment for defendant on August 11, 2006. On appeal, a panel of this court reversed and remanded. We noted that while the district court declared it was conducting a de novo review, it explained that it would review Prudential’s decision to determine if it was clearly erroneous. We held that the district court’s “construction of the standard was plainly wrong,” that the review “failed…