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COSEY v. PRUDENTIAL INS. CO. OF AMERICA

No. 12-2360.

735 F.3d 161 (2013)

Beth A. COSEY, Plaintiff-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA; BioMerieux, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 12, 2013.

Attorney(s) appearing for the Case

Norris Arden Adams, II , Essex Richards, P.A., Charlotte, North Carolina, for Appellant.

Patrick C. DiCarlo , Alston & Bird LLP, Atlanta, Georgia, for Appellees.

Vacated and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge DAVIS and Judge FLOYD joined.

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we primarily consider whether certain short-term and long-term disability benefits plans provided by an employer unambiguously confer discretionary decision-making authority on the plan administrator, requiring judicial review of the administrator's benefits determinations under an abuse-of-discretion standard.

Upon our review, we conclude that the language at...

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