Hasney

MEMORANDUM *

Christopher Hasney filed this action in federal court challenging Metropolitan Life Insurance Company’s denial of long-term disability benefits under his employer-sponsored insurance plan. The district court granted summary judgment in Met Life’s favor, ruling that Met Life’s denial of benefits was subject to review for abuse of discretion and that Met Life had not abused its discretion in denying benefits. The district court also granted Met Life’s request for a protective order striking several of Hasne/s interrogatories. Hasney appeals all three rulings.

The Met Life policy under which Hasney was insured unambiguously reserved to Met Life discretion to interpret the policy, but because Met Life operated under an apparent conflict of interest as both plan administrator and plan funder, it is not entitled to abuse of discretion review if Hasney presented material, probative evidence that Met Life’s conflict caused it to breach its fiduciary duties toward Hasney. McDaniel v. Chevron Corp., 203 F.3d 1099, 1108 (9th Cir.2000). Hasney has presented material, probative evidence that Met life violated its fiduciary duties and should therefore have been subjected to de…