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FEIBUSCH v. INTEGRATED DEVICE TECHNOLOGY

No. 04-16501.

463 F.3d 880 (2006)

Toni FEIBUSCH, Plaintiff-Appellant, v. INTEGRATED DEVICE TECHNOLOGY, INC. EMPLOYEE BENEFIT PLAN, Defendant, and Sun Life Assurance Co. of Canada, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2006.

Attorney(s) appearing for the Case

Mark D. DeBofsky, Daley, DeBofsky & Bryant, Chicago, IL; Alan Van Etten & Robert D. Harris, Damon Key Leong Kupchak Hastert, Honolulu, HI, for the plaintiff-appellant.

Keith K. Hiraoka, Roeca Louie & Hiraoka, Honolulu, HI; Mark E. Schmidtke, Schmidtke Hoeppner Consultants LLP, Valparaiso, IL, for the defendant-appellee.

Before PROCTER HUG, JR., GILBERT STROUD MERRITT, and RICHARD A. PAEZ, Circuit Judges.

HUG, Circuit Judge.

Toni Feibusch ("Feibusch") appeals the district court's decision that Sun Life Assurance Co. of Canada ("Sun Life") did not abuse its discretion in terminating her disability benefits. Feibusch's principal argument is that the district court incorrectly applied abuse of discretion review rather than de novo review. Feibusch was denied benefits under policy language that states that proof of a disability claim "must be satisfactory to Sun Life....

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