Stewart v. Hartford Life

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should
not e 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. 01-40986
Summary Calendar
JAMES STEWART,
Plaintiff-Appellant,
versus
HARTFORD LIFE & ACCIDENT
INSURANCE COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:00-CV-419
May 16, 2002
Before POLITZ, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
James Stewart appeals an adverse summary judgment rejecting his claims under
the Employee Retirement Income Security Act of 1974. He contends that the district

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1 Meditrust Fin. Servs. v. Sterling Chems., Inc., 168 F.3d 211, 214 (5th Cir.
1999); Duhon v. Texaco, Inc., 15 F.3d 1302, 1306-08 (5th Cir. 1994).
2
court erred in holding that the Hartford Life & Accident Insurance Company acted
within its discretion in terminating his disability benefits.
Stewart’s suit against Hartford alleges that he had been an employee of Wal-
Mart Stores and that he had applied for and received disability insurance benefits
provided by Hartford following an injury. He claims that after initially honoring his
claim for disability benefits Hartford wrongfully terminated those payments. Finding
that Hartford had not abused its discretion in determining that Stewart was not disabled,
the district court granted summary judgment dismissing Stewart’s claims. Our review
of the record persuades beyond peradventure that Stewart has failed to demonstrate that
Hartford abused its discretion in determining that he was not disabled under the subject
disability plan.1
The judgment of the district court is AFFIRMED.

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