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HARDT v. RELIANCE STANDARD LIFE INS. CO.

Civil Action No. 2:07cv105.

494 F.Supp.2d 391 (2007)

Bridget HARDT, Plaintiff, v. RELIANCE STANDARD LIFE INSURANCE CO., et al., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

July 12, 2007.

Attorney(s) appearing for the Case

Ann Katherine Sullivan, Elaine Kathryn Inman, Crenshaw Ware & Martin PLC, Norfolk, VA, for Plaintiff.

Joshua Forrest Pescud Long, Woods Rogers PLC, Roanoke, VA, for Defendants.

OPINION AND ORDER

KELLEY, District Judge.

This case presents the question of what is the appropriate standard of review in an ERISA case when the Claims Reviewer denies an appeal after expiration of the regulatory deadline for decision. By Memorandum Order dated May 11, 2007 (Docket No. 11), the Court directed the parties to brief the issue of whether the applicable standard of review is the modified abuse of discretion standard or a de novo

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