Philen v. Hartford Life & Accident Insurance Co et al

Filing 31

JUDGMENT adopting 28 Report and Recommendations, denying 12 Motion for Partial Summary Judgment. Because the standard of review for factual findings in ERISA cases is well settled in this Circuit, the Court declines to certify this issue for interlocutory appeal. Signed by Chief Judge Robert G James on 10/23/12. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
SHERRY HOUCK PHILEN

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CIVIL ACTION NO. 11-1609

VERSUS

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JUDGE ROBERT G. JAMES

HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY, ET AL

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MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered,
together with the written objections thereto filed with this Court, and, after a de novo review of
the record, finding that the Magistrate Judge's Report and Recommendation is correct and that
judgment as recommended therein is warranted,
IT IS ORDERED, ADJUDGED, AND DECREED that the Motion for Partial Summary
Judgment [Doc. No. 12] filed by Plaintiff Sherry Houck Philen (“Philen”) is hereby DENIED.
Hartford Life and Accident Insurance Company’s determination that Philen is not disabled is a
factual determination that is subject to review for abuse of discretion, with the Court weighing
any conflict of interest (if established by the employee) as a factor in the analysis.
Because the standard of review for factual findings in ERISA cases is well settled in this
Circuit, the Court declines to certify this issue for interlocutory appeal.
THUS DONE AND SIGNED this 23rd day of October, 2012, in Monroe, Louisiana.