Pacioni

*656 MEMORANDUM *

Because UNUM’s benefit plan gave discretion to the administrator, the district court did not err in reviewing UNUM’s denial of Pacioni’s claim for an abuse of discretion. See Metro. Life Ins. Co. v. Glenn, — U.S. -, 128 S.Ct. 2343, 2348 , 171 L.Ed.2d 299 (2008). Because UNUM serves as both the plan administrator and the funding source, the district court correctly concluded that it must weigh the structural conflict of interest as a factor in its abuse of discretion review. Id.

The district court did not err in determining that there was insufficient evidence in the record “of malice, of self-dealing, or of a parsimonious elaims-granting history,” Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 968 (9th Cir.2006) (en banc), to warrant heightened skepticism of UNUM’s decisionmaking process. Contrary to Pacioni’s argument, UNUM did not state that its “primary plan” was to terminate her claim; rather the document at issue states that Pacioni’s claim would be denied based on reports from the independent medical examiner and the on-site physician. Further, the record demonstrates that UNUM complied with the pi-ocedural requirements outlined at 29 C.F.R. §…