GILBERTSON v. ALLIED SIGNAL, INC.

No. 01-2324.

328 F.3d 625 (2003)

Louise GILBERTSON, Plaintiff-Appellant, v. ALLIED SIGNAL, INC. and Life Insurance Company of North America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 6, 2003.


Attorney(s) appearing for the Case

Michael D. Armstrong, Albuquerque, NM, for Plaintiff-Appellant.

Carol Lisa Smith of Krehbiel, Bannerman & Williams, P.A., Albuquerque, NM, for Defendant-Appellee Allied Signal Inc.; Tracy M. Jenks of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendant-Appellee Life Insurance Company of North America.

Before SEYMOUR and McCONNELL, Circuit Judges, and KRIEGER, District Judge.


McCONNELL, Circuit Judge.

The question in this case is whether an ERISA plan administrator's denial of disability benefits is entitled to deference when the administrator failed to render a decision within the time limits and the claim was "deemed denied" by operation of law.

BACKGROUND

Louise Gilbertson began working for AlliedSignal as an Administrative Support Coordinator in 1992. In March, 1998, Mrs. Gilbertson consulted her family physician...

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