SMITH v. BUSINESS MEN'S ASSUR. CO. OF AMERICA

No. 95-3346.

971 F.Supp. 369 (1997)

Kenneth W. SMITH, Plaintiff, v. BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

July 30, 1997.


Attorney(s) appearing for the Case

Richard E. Steck, Rosemont, IL, for Plaintiff.

Mary Patricia Benz, Catherine J. Casey, John P. O'Malley, Chicago, IL, for Defendant.


OPINION

MILLS, District Judge.

An ERISA claim.

Plaintiff argues that the Court should review Defendant's decision to terminate benefits de novo.

Defendant argues that the Court should apply an arbitrary and capricious standard.

Bottom line: Because the ERISA plan's language gives Defendant discretionary authority to determine eligibility for benefits or to construe the terms of the plan, the Court reviews Defendant...

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