Wirries

Wirries v. Reliance Standard Life Insurance

Good Law
247 F. App'x 870
United States Court of Appeals for the Ninth CircuitAugust 10, 2007No. 05-35941California775 words

Opinion

Lead Opinion

MEMORANDUM **

Reliance Standard Life Insurance Company (“Reliance”) appeals from the district court’s judgment reversing the plan administrator’s decision to terminate Dama L. Wirries’s long term disability benefits under a group insurance policy (the “Policy”). We affirm.

I

Reliance contends that “[t]he change in the district court’s opinion regarding the reasonableness of the denial of benefits is inconsistent with the law of the case doctrine.” We review' a district court’s failure to apply the law of the case doctrine for abuse of discretion. Cont’l Ins. Co. v. Fed. Express Corp., 454 F.3d 951, 954 (9th Cir.2006).

In our prior opinion, we held that “[t]he district court erred in reviewing Reliance’s denial of benefits de novo.” Wirries v. Reliance Standard Life Ins. Co., 113 Fed.Appx. 759, 760 (9th Cir.2004). Upon remand, the district court acknowledged that it had abused its discretion in relying on clearly erroneous findings of fact in its prior decision. The district court’s judgment is supported by the evidence in the record. It did not abuse its discretion in declining to apply the law of the case doctrine.

II

Reliance also maintains that the district court’s…

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