Joas

Joas v. Reliance Standard Life Insurance

Good Law
331 F. App'x 464
United States Court of Appeals for the Ninth CircuitMay 21, 2009Nos. 08-55284, 08-55813California709 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-appellant Reliance Standard Life Insurance Company (Reliance) appeals the district court’s order granting plaintiff-appellee Dr. Thomas A. Joas summary judgment. Reliance also appeals the district court’s award of attorney’s fees and costs to Joas. We have jurisdiction under 28 U.S.C. § 1291 and we affirm both orders.

I.

The parties agree that Joas is entitled to disability benefits under a disability insurance plan that Reliance funds and that gives Reliance discretion to make eligibility determinations. This “structural conflict of interest” requires us to apply to Reliance’s plan decision “abuse of discretion review ... informed by the nature, extent, and effect on the decision-making process of any conflict of interest that may appear in the record.” Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 967 (9th Cir.2006) (en banc). The district court did not err by applying abuse of discretion review tempered by “a fair amount of skepticism,” because it is undisputed that Reliance calculated Joas’ benefits under a structural conflict of interest. See Abatie, 458 F.3d at 965 . Further, the record contains several of Joas’ written requests for documents…

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