Whealen

Whealen v. Hartford Life & Accident Insurance

Good Law
332 F. App'x 443
United States Court of Appeals for the Ninth CircuitSeptember 16, 2009Nos. 07-56249, 07-56484California325 words

Opinion

Lead Opinion

MEMORANDUM ***

Hartford Life & Accident Insurance Company and Allstate Insurance Company Long Term Disability Plan (“Plan”) appeal the district court’s judgment awarding long term disability benefits to Kathleen Whealen. We affirm.

The district court did not err when it determined that it was required to apply skeptical abuse of discretion review to Hartford’s decision to terminate Whealen’s long term disability benefits under the Plan. See Metro. Life Ins. Co. v. Glenn, — U.S. —, —, 128 S.Ct. 2343, 2350-51 , 171 L.Ed.2d 299 (2008); Abatie v. Alta Health Life Ins. Co., 458 F.3d 955, 968-69 (9th Cir.2006) (en banc); see also Pannebecker v. Liberty Life Assur. Co. of Boston, 542 F.3d 1213, 1218 (9th Cir.2008). Nor did the district court err in determining that Hartford wrongfully reached its decision to terminate those benefits when it arbitrarily failed to credit the reliable evidence of Whealen’s physical and cognitive problems. 1 See Jordan v. Northrop Grumman Corp. Welfare Benefit Plan, 370 F.3d 869, 879 (9th Cir.2004), abrogated in part by Abatie, 458 F.3d at 969 ; Booton v. Lockheed Med. Benefit Plan, 110 F.3d 1461, 1465 (9th Cir.1997); see also Saffon v. Wells Fargo & Co.…

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