U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

Rasenack v. AIG Life Ins. Co., No. 07-1521

In an ERISA action against an insurer seeking disability benefits, summary judgment for defendant is reversed where: 1) the administrator failed to render a final decision within the time limits prescribed by the benefit plan and ERISA; and 2) the insurer's references to hemiparesis and the conclusions of the reviewing physicians did not provide a sufficient grounds for the denial of plaintiff's claim.

Read Rasenack v. AIG Life Ins. Co., No. 07-1521

Appellate Information

Filed November 2, 2009


Opinion by Judge Seymour


For Appellants:

John Case of Benson & Case, LLP, Denver, CO

For Appellees:

James D. Kilroy, Katrin Miller Rothgery and Jessica E. Yates, Snell & Wilmer L.L.P., Denver, CO