McCluer
McCluer v. Sun Life Assurance Company of Canada
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHELE MCCLUER, Case No.: 21-CV-8-GPC(WVG)
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v. MOTION FOR DISCOVERY
SUN LIFE ASSURANCE COMPANY [Doc. No. 12.] OF CANADA et al., 15 Defendants. 16 17 18 In this ERISA action, Plaintiff seeks additional life insurance payments under a policy’s accidental death provision. She now moves for leave to conduct limited discovery. Because Plaintiff has met her burden to establish that the proposed discovery is appropriate, the motion is GRANTED. I. LEGAL STANDARD The decisions made by administrators of ERISA plans are generally subject to de novo review. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989). When the district court conducts a de novo review of an ERISA plan’s denial of benefits, its task is “to evaluate whether the plan administrator correctly or incorrectly denied benefits.” Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 963 (9th…