# Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee

> Court of Appeals for the Ninth Circuit · April 28, 1999 · 175 F.3d 1084

URL: https://www.frixlaw.com/law-library/cases/9492141

## Case

- **Full name:** 99 Cal. Daily Op. Serv. 3020, 1999 Daily Journal D.A.R. 3930 Rex T. Kearney, Jr. v. Standard Insurance Company
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 28, 1999
- **Citations:** 175 F.3d 1084; 99 Daily Journal DAR 3930; 23 Employee Benefits Cas. (BNA) 1177; 99 Cal. Daily Op. Serv. 3020; 1999 U.S. App. LEXIS 8099
- **Precedential status:** Published
- **Opinion:** Concurring in part by O'Scannlain
- **Judges:** Hug, Sneed, Fletcher, Reinhardt, Kozinski, O'Scannlain, Trott, Fernandez, Nelson, Kleinfeld, Silverman
- **Cited by:** 427 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9492141

## How later opinions describe it (automated extraction)

- stating that “[a] full trial de novo in any ERISA dispute where 13 there was a genuine dispute of fact as to whether the individual qualified for a benefit would 14 undermine” the policies underlying ERISA; “[t]he means that suggests itself for accomplishing 15 trial of disput…
- explaining that in a trial on the administrative record, “[the] district judge will be 20 asking . . . as he reads the evidence, . . . whether [the plaintiff] is disabled within the terms of the 21 policy” and may “evaluate the persuasiveness of conflicting testimony and decid…
- explaining that in a trial on the administrative record, “[the] district judge will be asking . . 19 . as he reads the evidence, . . . whether [the plaintiff] is disabled within the terms of the policy” 20 and may “evaluate the persuasiveness of conflicting testimony and decid…
- explaining that in a trial on the administrative record, “[the] district judge will be asking . . 4 . as he reads the evidence, . . . whether [the plaintiff] is disabled within the terms of the policy” 5 and may “evaluate the persuasiveness of conflicting testimony and decide …
- holding that language provid- ing that the insurer will pay disability benefits “upon receipt of satisfactory written proof that you have become disabled” does not unambiguously confer discretion upon the adminis- trator

## Opinion text

O’SCANNLAIN, Circuit Judge,
concurring in part and dissenting in part from Judge Kleinfeld’s opinion, and joining Judge Fernandez’s dissent:
I join in Judge Fernandez’s dissent. I write separately only to indicate that, but for my conclusion that the policy conferred discretion upon the plan administrator, I would resolve the remaining issues as did Judge Kleinfeld in parts II, III, and IV of his opinion. I therefore concur in parts II, III, and IV of Judge Kleinfeld’s opinion to that extent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9492141. Public record. Not legal advice.