Russo v. Continental Casualty Co.
Opinion of the Court
SUMMARY ORDER
Pursuant to the Employee Retirement Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., plaintiff-appellant Daniel Russo (“plaintiff’) sued defendants-appellees Continental Casualty Company (“CNA”), Short Term Disability Plan for Employees of Estee Lauder (“STD Plan”), Long Term Disability Plan for Employees
First, at oral argument before us plaintiff withdrew his argument that the District Court abused its discretion by sua sponte referencing Circular Letter No. 8 of the New York State Insurance Department and determining that the letter did not affect the standard of review in the instant case.
Second, although plaintiff argues that, because CNA is subject to a conflict of interest as both administrator and insurer of the plans at issue, the District Court should have reviewed de novo defendants’ denial of benefits under the LTD Plan
Finally, for substantially the reasons stated in the District Court’s opinion granting summary judgment, which we review de novo, Island Software & Computer Serv. v. Microsoft Corp., 413 F.3d 257, 260 (2d Cir. 2005), we agree that defendant’s decisions regarding eligibility and disability were not “without reason, unsupported by substantial evidence or erroneous as a matter of law,” Russo v. Continental Cas. Co., No. 05 CIV. 5700(HB), 2006 WL 931683, at *2 (S.D.N.Y. Apr.11, 2006) (quoting Pagan v. NYNEX Pension Plan, 52 F.3d 438, 441 (2d Cir. 1995)) (internal quotation marks omitted), and thus did not fail the “arbitrary and capricious” test.
. By stipulation, STD Plan, LTD Plan, Basic AD&D Plan, and Voluntary AD&D Plan withdrew their cross-claim against CNA, the administrator and insurer of the plans; CNA agreed to assume the defense and indemnification of the other defendants; and all defendants agreed to proceed under the same counsel.
. In his opposition to defendants' motion for summary judgment, plaintiff withdrew his claim for benefits under the STD Plan.
Reference
- Full Case Name
- Daniel RUSSO v. CONTINENTAL CASUALTY COMPANY, Defendant-Cross-Defendant-Appellee, Short Term Disability Plan for Employees of Estee Lauder, Long Term Disability Plan for Employees of Estee Lauder, Basic Accidental Death and Dismemberment Plan for Employees of Estee Lauder and Voluntary Accidental Death and Dismemberment Plan for Employees Of Estee Lauder, Defendants-Cross-Claimants-Appellees
- Cited By
- 2 cases
- Status
- Published