Brown

MEMORANDUM **

The district court upheld the denial, based on an endorsement excluding accidents involving intoxication, of Carol Brown’s insurance claim against Baker Hughes arising out of the death of her life companion, Milton Hunt, in a single-vehicle drunk driving accident. Brown now appeals that decision.

The benefit plan at issue here gave discretion to Baker Hughes to “determine eligibility for benefits” and “to construe the terms of the plan,” and we therefore review Baker Hughes’ decision to deny Brown’s claim for an abuse of discretion. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989). Brown’s allegation of a conflict *605 of interest does not alter this standard of review, especially because she has presented no evidence of an actual, rather than a formal, conflict. Abatie v. Alta Health & Life Ins., 458 F.3d 955 , 967-68 (9th Cir.2006) (en banc). Neither has Brown pointed to any procedural violations by Baker Hughes or its agents “so flagrant as to alter the substantive relationship between the employer and employee,” and thus necessitating de novo review. Id. at 971 (quoting Gatti v. Reliance Standard Life Ins. Co., 415…