McCLENAHAN v. METROPOLITAN LIFE INSURANCE COMPANY

No. 10-1101.

MARY McCLENAHAN, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, a New York insurance company; and KROGER CO. HEALTH AND WELFARE BENEFIT PLAN, an ERISA welfare benefit plan, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed March 21, 2011.


ORDER AND JUDGMENT*

NEIL M. GORSUCH, Circuit Judge.

This case requires us to answer two questions: First, whether a Colorado statute operates retroactively, where it affects the standard of review courts use to interpret plans governed by the Employee Retirement Income Security Act (ERISA). Second, whether the insurer in this case abused its discretion in denying a claimant disability benefits under the parties' governing...

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