HUBERT BARBAREE, PLAINTIFF-APPELLEE,
v.
INDEPENDENT LIFE AND ACCIDENT INSURANCE COMPANY, DEFENDANT-APPELLANT
HUBERT BARBAREE, PLAINTIFF-APPELLEE,
INDEPENDENT LIFE AND ACCIDENT INSURANCE COMPANY, DEFENDANT-APPELLANT
481 F.2d 1280
Court of Appeals for the Fifth Circuit (1973)
Cited by 9 cases
Opinion of the Court
PER CURIAM:
This is a suit for declaratory relief to determine the plaintiff’s rights to disability benefits under an agreement between the plaintiff and the defendant, his former employer, and for the recovery of benefits withheld under that agreement. The district court found that the defendant’s determination that the plaintiff was ineligible for benefits was arbitrary, fraudulent, or made in bad faith, a finding which is necessary to establishing liability under a benefit plan of the kind in question here. See Mathews v. Swift & Co., 5 Cir. 1972, 465 F. 2d 814. Upon a review of the record, we are unable to say that the district court’s findings were clearly erroneous, and accordingly we affirm the judgment for the plaintiff.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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The City OF Highland Park v. Train, 519 F.2d 681 (7th Cir. 1975)
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Westinghouse Elec. Corp. & its subsidiary v. Schlesinger, 542 F.2d 1190 (4th Cir. 1976)
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Comm. FOR Auto Responsibility (C.A.R.) v. Solomon, 603 F.2d 992 (D.C. Cir. 1979)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Matthews v. Swift & Co. & Globe Life Ins. Co., 465 F.2d 814 (5th Cir. 1972)