DENMARK v. LIBERTY LIFE ASSUR. CO. OF BOSTON

No. 05-2877.

481 F.3d 16 (2007)

Diane DENMARK, Plaintiff, Appellant, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, and The Genrad, Inc. Long Term Disability Plan, Through Teradyne, Inc., as Successor Fiduciary, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 28, 2007.


Attorney(s) appearing for the Case

Jonathan M. Feigenbaum, with whom Phillips & Angley was on brief, for appellant.

Andrew C. Pickett, with whom Ashley B. Abel, Richard W. Paterniti, and Jackson Lewis LLP were on brief, for appellees.

Before SELYA, LIPEZ, and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

This seemingly straightforward appeal of a denial of disability benefits presents difficult issues involving our standard of review in cases arising under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. In fact, the issues are so difficult that this case has generated three opinions. Although I agree with the district court that the insurer's denial of disability benefits was neither arbitrary nor capricious...

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