Birmingham v. AIG Life Insurance Company et al

Filing 34

ORDER finding that AIG did not abuse its discretion in denying Plaintiff's appeal, and accordingly, Plaintiff's claims against Defendants AIG Life Insurance and The Dow Chemical Company are dismissed with prejudice. ***Civil Case Terminated. Signed by Honorable Harry F. Barnes on February 11, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

YOLANDA BIRMINGHAM

PLAINTIFFS

V S.

CASE NO. 06-CV-4019

AIG LIFE INSURANCE COMPANY and THE DOW CHEMICAL COMPANY ORDER

DEFENDANTS

Before the Court is Plaintiff Yolanda Birmingham's Complaint (Doc. 1) against Defendants AIG Life Insurance Company and The Dow Chemical Company filed pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., alleging that her permanent total disability benefits were wrongfully denied. Plaintiff Yolanda Birmingham filed an ERISA Brief on the Administrative Record. (Doc. 28). Defendants AIG Life Insurance Company and The Dow Chemical Company also filed a joint ERISA Brief on the Administrative Record. (Doc. 29). After reviewing the Administrative Record and the parties' Briefs, for reasons discussed in the Memorandum Opinion of even date, the Court finds that AIG did not abuse its discretion in denying Plaintiff's appeal. Accordingly, Plaintiff Yolanda Birmingham's claims against Defendants AIG Life Insurance and The Dow Chemical Company should be and hereby are DISMISSED with prejudice. IT IS SO ORDERED, this 11th day of February, 2009.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge