ORNDORF v. PAUL REVERE LIFE INS. CO.

No. 04-1520.

404 F.3d 510 (2005)

Jacob M. ORNDORF, Plaintiff, Appellant, v. PAUL REVERE LIFE INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 15, 2005.


Attorney(s) appearing for the Case

Charles Leonard Mitchell for Appellant.

Joan O. Vorster, with whom Elizabeth L.B. Greene and Mirick, O'Connell, DeMallie & Lougee, LLP were on brief, for Appellee.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

This case requires us to address what is meant by de novo judicial review under ERISA of a denial of benefits when the ERISA plan does not preserve discretion in the plan administrator. That raises concomitant questions of whether the claimant is entitled to trial in the district court and what, if any, evidence may be admitted that is not in the administrative record before the ERISA administrative decision maker. Our conclusion is that given...

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