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RASENACK EX REL. TRIBOLET v. AIG LIFE INS. CO.

No. 07-1521.

585 F.3d 1311 (2009)

Hans-Gerd RASENACK, by and through Jessica TRIBOLET, his duly appointed Guardian and Conservator; and Jessica Tribolet, as duly appointed Guardian and Conservator of Hans-Gerd Rasenack, Plaintiffs-Appellants, v. AIG LIFE INSURANCE COMPANY; and AIG Claim Services Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 2, 2009.

Attorney(s) appearing for the Case

John Case of Benson & Case, LLP, Denver, CO, for Plaintiffs-Appellants.

James D. Kilroy (Katrin Miller Rothgery and Jessica E. Yates with him on the brief) of Snell & Wilmer L.L.P., Denver, CO, for Defendants-Appellees.

Before BRISCOE, SEYMOUR and PORFILIO, Circuit Judges.

SEYMOUR, Circuit Judge.

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, "AIG"). The district court reviewed the administrator's denial of benefits under an arbitrary and capricious standard and granted summary judgment...

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