Thompson v. Life Insurance Co. of North America

30 F. App'x 160
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 4, 2002
Docket01-1383
StatusUnpublished
Cited by11 cases

This text of 30 F. App'x 160 (Thompson v. Life Insurance Co. of North America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Life Insurance Co. of North America, 30 F. App'x 160 (4th Cir. 2002).

Opinions

OPINION

PER CURIAM.

I.

Alexander Thompson was covered under a long-term disability benefits plan (the Plan) administered by Life Insurance Company of North American (LINA). In 1998, Mr. Thompson was working when he experienced severe angina. He was admitted to the hospital and underwent emergency cardiac bypass surgery. Before the surgery, Dr. Scanlan, a cardiologist, noted that Mr. Thompson also might be suffering from chronic obstructive pulmonary disease (COPD). The cardiac surgery was successful and Mr. Thompson was released from the hospital. In his second post-operative visit in late February, Dr. Scanlan referred Mr. Thompson to Dr. Vora, a pulmonologist. Dr. Vora diagnosed Mr. Thompson with severe COPD, noting that he had lost 70% of his breathing capacity and that his breathing condition would only worsen. Dr. Vora found that Mr. Thompson’s COPD permanently disabled him from all activities, but was unrelated to his previous cardiac problems. Mr. Thompson filed his claim for long-term disability benefits on July 22, 1998, asserting that he was permanently disabled due to “severe obstructive airways disease and emphysema.” J.A. 177. On September 21, 1998, LINA wrote Mr. Thompson a letter denying his claim. J.A. 245-49. The denial relied on the pre-existing condition limitation in the Plan. Id. Specifically, LINA wrote:

Since you consulted with Dr. Anderson on 9/12/1997 for hypercholesterolemia which is a condition related directly or indirectly to the cardiac condition that stopped you from working, you do not satisfy the Pre Existing Condition Limitation as previously defined. Therefore, you are not eligible for Monthly Benefit (sic) under the Long Term Disability policy BK 3990.

J.A. 248. The letter also advised Mr. Thompson of his appellate rights, indicating that if he disputed the denial, he could send a written statement of reasons for his disagreement and “a letter from his physician(s) explaining and supplying information contrary to the above.” Id.

On October 5, 1998, Mr. Thompson appealed LINA’s benefits disqualification. Mr. Thompson wrote:

The cardiac condition is not the condition that has disabled me and prevented my return to work. The diseases that have caused my disability are COPD (severe obstructive airways disease) and emphysema, which have absolutely nothing to do with hypercholesteralemia (sic).

J.A. 224.

On November 18, 1998, LINA affirmed its earlier finding of ineligibility because “the pre-existing condition limitation” was not satisfied. J.A. 251. On May 6, 1999, in response to a letter from Mr. Thompson’s lawyer, LINA reaffirmed its position that Mr. Thompson was disqualified from [163]*163benefits because it found his disability resulted from a pre-existing cardiac condition. J.A. 256-57.

In September 1999, Mr. Thompson filed this action in federal court, alleging an improper denial of long-term disability benefits. In its answer, LINA again stated its position that Mr. Thompson was not eligible for benefits because he did not satisfy the pre-existing condition limitation. Then, on November 14, 2000, more than two years after Mr. Thompson filed his claim, LINA moved for summary judgment and raised for the first time the Plan’s “active service” provision as a basis for its denial of benefits. J.A. 5, 397, 403. The district court granted LINA’s motion, relying on the Plan’s active service provision. The court reasoned that since Mr. Thompson was not in “active service” when he was diagnosed with COPD, LINA properly denied his claim. Mr. Thompson now appeals that decision.

II.

Thompson argues that the district court erred by awarding summary judgment based on a reason LINA raised for the first time upon judicial review. We agree.

In enacting ERISA, Congress established procedural safeguards to ensure that fiduciaries would administer employee benefit plans “solely in the interest of the participants and beneficiaries.” 29 U.S.C. §§ 1104(a)(1) & 1001(b); see also Makar v. Health Care Corp. of the Mid-Atlantic, 872 F.2d 80, 83 (4th Cir.1989). Fiduciaries must provide “full and fair reviews” of claims for benefits. 29 U.S.C. § 1133; 29 C.F.R. § 2560.503-1 (2001). Plan administrators are required to state the reason(s) for a denial and provide the specific plan provision(s) that formed the basis of the decision. 29 U.S.C. § 1133; 29 C.F.R. § 2560.503-1; see also Weaver v. Phoenix Home Life Mut. Ins. Co., 990 F.2d 154, 158 (4th Cir.1993). Fiduciaries must notify claimants of their decisions in writing and in language likely to be understood by one of ordinary intelligence. 29 U.S.C. § 1133; 29 C.F.R. § 2560.503-1; see also Grossmuller v. Int’l Union, 715 F.2d 853, 858 (3d Cir.1983). The decision must be objectively reasonable and based on substantial evidence. Ellis v. Metro. Life Ins. Co., 126 F.3d 228, 233 (4th Cir.1997).

These procedural safeguards are at the foundation of ERISA. Fiduciary compliance is essential to upholding the administrative integrity of this statutory scheme. Fort Halifax Packing Co., Inc. v. Coyne, 482 U.S. 1, 15, 107 S.Ct. 2211, 96 L.Ed.2d 1 (1987); Weaver, 990 F.2d at 157. For these reasons, courts generally find abuse of discretion where a fiduciary neglects his responsibilities. Weaver, 990 F.2d at 159; see also Marolt v. Alliant Techsystems, Inc., 146 F.3d 617, 618 (8th Cir.1998); Halpin v. W.W. Grainger, Inc., 962 F.2d 685, 697 (7th Cir.1992); Grossmuller, 715 F.2d at 855.

LINA would have us bypass ERISA’s procedural safeguards. Here, LINA denied Mr. Thompson’s claim for benefits in September 1998, explaining that his cardiac condition disqualified him from receiving benefits under the Plan’s pre-existing condition limitation. LINA also relied on the pre-existing condition limitation to affirm the denial on appeal. When Mr. Thompson filed suit, LINA’s Answer to Mr. Thompson’s Complaint again set forth the pre-existing condition limitation as the sole reason for its denial. Not until the summary judgment stage in November 2000, did LINA assert the Plan’s “active service” provision as the rationale for its denial of benefits.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ferguson v. United of Omaha Life Insurance
3 F. Supp. 3d 474 (D. Maryland, 2014)
Grant v. Eaton Disability Long-Term Disability Plan
797 F. Supp. 2d 732 (S.D. Mississippi, 2011)
Gagliano v. Reliance Standard Life Insurance
547 F.3d 230 (Fourth Circuit, 2008)
Winebarger v. Liberty Life Assur. Co. of Boston
571 F. Supp. 2d 719 (W.D. Virginia, 2008)
Hall v. Metropolitan Life Insurance
259 F. App'x 589 (Fourth Circuit, 2007)
Gower v. AIG Claim Services, Inc.
501 F. Supp. 2d 762 (N.D. West Virginia, 2007)
Koren v. Cigna Severance Pay Plan
434 F. Supp. 2d 361 (D. South Carolina, 2006)
Hall v. Metropolitan Life Insurance
398 F. Supp. 2d 494 (W.D. Virginia, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
30 F. App'x 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-life-insurance-co-of-north-america-ca4-2002.