Williams v. HUB Enterprises Inc
Williams v. HUB Enterprises Inc
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-30920
ANGELA WILLIAMS Plaintiff - Appellant v. H U B ENTERPRISES, INC; ADVANCED INSURANCE ADMINISTRATION Defendants - Appellees -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 98-CV-1541 -------------------- August 14, 2000 Before KING, Chief Judge, and REYNALDO G. GARZA and PARKER, Circuit Judges.
PER CURIAM:* The district court correctly granted summary judgment for defendant-appellee Advanced Insurance Administration, Inc., but erred in granting summary judgment for the defendant-appellee HUB Enterprises, Inc. The record permits only one conclusion and that is that HUB, in its capacity as the administrator under the HUB employee benefit plan, abused its discretion in denying plaintiff-appellant Angela Williams’ claim. See Vega v. National
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Life Ins. Services, Inc., 188 F. 3d 287 (5th Cir. 1999). The district court should, therefore, have entered summary judgment on liability for Williams.
The district court’s judgment in favor of Advanced Insurance Administration, Inc. is AFFIRMED. The district court’s judgment in favor of HUB Enterprises, Inc. is REVERSED and the case is remanded with instructions to enter judgment on liability for the plaintiff-appellant, Angela Williams, and to determine damages and whether Williams is entitled to attorney’s fees. Each party shall bear its own costs.
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