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Brown v. J.B. Hunt Transp. Servs., Inc., No. 08-3803

By FindLaw Staff on November 17, 2009 1:45 PM

In an ERISA action based on the discontinuation of plaintiff's long-term disability (LTD) benefits, summary judgment for defendant is affirmed in part where defendant-insurer could not be held liable for statutory penalties because 29 U.S.C. section 1132(c) only provided a cause of action against plan administrators.  However, the order is reversed in part where defendant's failure to comply with its duty under section 1133(2) to provide plaintiff with "a reasonable opportunity for a full and fair review" of defendant's decision to discontinue plaintiff's LTD benefits excused plaintiff's failure to exhaust before bringing suit under section 1132(a).

Read Brown v. J.B. Hunt Transp. Servs., Inc., No. 08-3803

Appellate Information

Argued October 8, 2009

Decided November 17, 2009


Opinion by Judge Riley

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