Kent

Kent v. Provident Life & Casualty Insurance

Good Law
146 F. App'x 862
United States Court of Appeals for the Ninth CircuitAugust 10, 2005No. 03-56966California1,045 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Anthony Kent appeals the district court’s decision finding that Provident Life *863 & Casualty Insurance Company (“Provident”) did not abuse its discretion in denying his claim for long term disability benefits. Kent argues that the district court should have reviewed Provident’s decision to deny benefits de novo, and that even if de novo review is not appropriate, that Provident abused its discretion by failing to account for relevant, objective medical evidence of his disability.

1. The district court correctly determined that it should review Provident’s decision only for abuse of discretion, not de novo review. When a federal court is called upon to review an ERISA trustee’s decision to deny benefits, “a deferential standard of review for actions by the trustee is ‘appropriate when the trustee exercises discretionary powers.’ ” Kearney v. Standard Ins. Co., 175 F.3d 1084, 1088 (9th Cir.1999) (en banc) (quoting Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 111 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989)). The agreement between Provident and Kent provides Provident with “full, exclusive and discretionary authority to control, manage, and administer claims,…

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