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TORRES v. PITTSTON CO.

No. 02-16985.

346 F.3d 1324 (2003)

Lois Ann TORRES, Plaintiff-Appellant, v. PITTSTON COMPANY, as Plan Administrator of the Employee Benefit Plan of the Pittson Company, Defendant-Appellee, Life Insurance Company of North America, Intervenor-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 30, 2003.

Attorney(s) appearing for the Case

Katherine Eastmore Giddings, Katz, Kutter, Haigler, Alderman, Davis & Marks, P.A., Tallahassee, FL, Ralph C. Losey, Rosenbluth, Losey, Bittman, Morse & Keidaish, P.A., Orlando, FL, for Appellees.

Before ANDERSON and BIRCH, Circuit Judges, and PROPST, District Judge.

PER CURIAM:

The only issue that we will definitively resolve in this appeal is the appropriate standard for a district court's review where an ERISA fiduciary, which is operating under a conflict of interest, denies disability benefits based on its determination of the factual circumstances of the beneficiary's claim. The district court applied the deferential arbitrary-and-capricious standard of review, apparently adopting...

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