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MURPHY v. DELOITTE & TOUCHE GROUP INS. PLAN

No. 09-2028.

619 F.3d 1151 (2010)

Aileen MURPHY, Plaintiff-Appellant, v. DELOITTE & TOUCHE GROUP INSURANCE PLAN; Metropolitan Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 8, 2010.

Attorney(s) appearing for the Case

Robert J. Rosati , Fresno, CA, appearing for Plaintiff-Appellant.

Jack M. Englert, Jr. , Holland & Hart, LLP, Greenwood Village, CO, ( Kristina Martinez , Holland & Hart, LLP, Santa Fe, NM, with him on the brief), appearing for Defendants-Appellees.

Before KELLY, EBEL, and TYMKOVICH, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellant Aileen Murphy was a participant in the Deloitte & Touche Group Insurance Plan ("the Plan"), an insurance plan governed by the Employee Retirement Income Security Act ("ERISA"). Metropolitan Life Insurance Company ("MetLife") both insured and administered the Plan; thus, it operated under an inherent dual role conflict of interest, see Weber v. GE Group Life Assurance Co., 541 F.3d 1002

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