Although the appeals court agreed with the district court that the plan's denial of the claim was arbitrary and capricious due to failure to give fair consideration to the plaintiff's affidavits, the court ordered that the case be returned to the plan for reconsideration rather than upholding summary judgment for the claimant, because '[t]his is not a case where it is clear-cut that it was unreasonable for [the plan] to deny [the claimant's] benefits. [Rekstad via U.S. Bancorp, No. 05-1146 (10th Cir. Jun. 21, 2006)]  MORE >>