Gunn
Gunn v. Reliance Standard Life Ins.
Opinion
Lead Opinion
MEMORANDUM ***
Igor Gunn (“Gunn”), the beneficiary, brought action against Reliance Standard Life Ins. Co. (“Reliance”), the plan administrator, after he was denied benefits under a long-term disability insurance policy that was subject to the Employee Retirement Income Security Act (ERISA).
The district court, in a published decision, held that Gunn was entitled to long-term disability payments. Gunn v. Reliance Standard Life Ins. Co., 399 F.Supp.2d 1095 (C.D.Cal.2005). The district court also awarded Gunn his attorney’s fees. Gunn v. Reliance Standard Life Ins. Co., 407 F.Supp.2d 1162 (C.D.Cal.2006). Reliance timely appealed both judgments. We have jurisdiction. 28 U.S.C. § 1291 .
The district court granted summary judgment in this case by applying a de novo review standard under our decision in Atwood v. Newmont Gold Co., 45 F.3d 1317 (9th Cir.1995). After the district court granted summary judgment, we overruled Atwood in Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 967 (9th Cir.2006) (en banc).
We vacate and remand to permit the district court to evaluate Reliance’s denial of Gunn’s claim under the Abatie standard, taking into account any conflict of interest…