Diane Dennis v. Standard Insurance Company

Good Law
45 F.3d 435·1994 WL 721840·1994 U.S. App. LEXIS 40286
United States Court of Appeals for the Ninth CircuitDecember 29, 199493-35391California901 words

Opinion

Opinion

45 F.3d 435 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Diane DENNIS, Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee. No. 93-35391. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Decided Dec. 29, 1994. Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Appellant Diane Dennis appeals the district court's grant of summary judgment in favor of Standard Insurance Company ("Standard") in Dennis' suit for review of Standard's denial of long-term disability benefits under an employee welfare benefit plan (the "Plan") subject to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. Secs. 1001-1461 . Dennis argues that the district court erred by refusing to modify the less deferential version of the abuse of discretion review standard applied when the plan administrator faces conflicts of interest. Dennis contends that the inherent conflict of interest facing an insurer who serves as…

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