Angela Williams v. H U Benterprises, Inc; Advanced Insurance Administration

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30920
ANGELA WILLIAMS
Plaintiff - Appellant
v.
H U B ENTERPRISES, INC; ADVANCED INSURANCE ADMINISTRATION
Defendants - Appellees
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 98-CV-1541
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August 14, 2000
Before KING, Chief Judge, and REYNALDO G. GARZA and PARKER,
Circuit Judges.
PER CURIAM:*
The district court correctly granted summary judgment for
defendant-appellee Advanced Insurance Administration, Inc., but
erred in granting summary judgment for the defendant-appellee HUB
Enterprises, Inc. The record permits only one conclusion and
that is that HUB, in its capacity as the administrator under the
HUB employee benefit plan, abused its discretion in denying
plaintiff-appellant Angela Williams’ claim. See Vega v. National

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Life Ins. Services, Inc., 188 F. 3d 287 (5th Cir. 1999). The
district court should, therefore, have entered summary judgment
on liability for Williams.
The district court’s judgment in favor of Advanced Insurance
Administration, Inc. is AFFIRMED. The district court’s judgment
in favor of HUB Enterprises, Inc. is REVERSED and the case is
remanded with instructions to enter judgment on liability for the
plaintiff-appellant, Angela Williams, and to determine damages
and whether Williams is entitled to attorney’s fees. Each party
shall bear its own costs.

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