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HERZBERGER v. STANDARD INS. CO.

Nos. 99-1944, 99-3116.

205 F.3d 327 (2000)

Carolyn HERZBERGER, Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee. Beverly A. Johnson, Plaintiff-Appellant, v. Prudential Insurance Company of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 2000.

Attorney(s) appearing for the Case

Mark D. DeBofsky (argued), DeBofsky & DeBofsky, Chicago, IL, for plaintiff-appellant Carolyn Herzberger.

Lisa Pierobon Mays (argued), Lawton & Cates, Madison, WI, for plaintiff-appellant Beverly A. Johnson.

Mary Kathryn Kelly, Melisa G. Thompson (argued), Cahill, Christian & Kunkle, Chicago, IL, for defendant-appellee Standard Insurance Company.

Valerie L. Bailey-Rihn (argued), Quarles & Brady, Madison, WI, for defendant-appellee Prudential Insurance Company of America.

Before POSNER, Chief Judge, and COFFEY and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

We have consolidated for decision two appeals that raise the same issue regarding the scope of judicial review of decisions by administrators of ERISA welfare or pension plans to deny benefits sought by participants in or beneficiaries of such plans. The issue is whether language in plan documents to the effect that benefits shall be paid when the plan administrator upon proof (or satisfactory proof) determines that the applicant is entitled to...

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