Legal Opinion
Theresa Wert v. Liberty Life Assurance Company of Boston, Inc.
Court of Appeals for the Eighth Circuit
Decided May 17, 2006No. 05-3792PublishedCited by 25 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
This is an appeal from a grant of summary judgment in favor of a plan administrator in a denial of benefits action under ERISA. The district court held that summary judgment was appropriate because the claimant failed to exhaust available contractual remedies. The claimant appeals, arguing that notice of a contractual review procedure was insufficient and that contract language made further review optional rather than mandatory, thus eliminating any requirement for exhaustion pri- or to suit. We affirm the judgment of the district court. 1
I
The Andersen Corporation…
2Cases cited6 opinions
- Ronnie Layes v. Mead Corporation Cna Insurance Company Mead Retirement Plan Mead Benefit ProgramsCourt of Appeals for the Eighth Circuit · 1998
- Robert Anderson, Jr. v. Alpha Portland Industries, Inc.Court of Appeals for the Eighth Circuit · 1985
- Conley v. Pitney BowesCourt of Appeals for the Eighth Circuit · 1994
- James J. Galman v. The Prudential Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 2001
- Hubert Back v. Danka Corporation Danka Office Imaging Company and Danka Corporation Severance Pay PlanCourt of Appeals for the Eighth Circuit · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Brown v. J.B. Hunt Transport Services, Inc.Court of Appeals for the Eighth Circuit · 2009
- Khoury v. Group Health Plan, Inc.Court of Appeals for the Eighth Circuit · 2010
- Van Natta v. Sara Lee Corp.District Court, N.D. Iowa · 2006
- Ester Abdel v. U.S. BancorpCourt of Appeals for the Eighth Circuit · 2006
- Lisa Jones v. Aetna Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 2019
20 more not listed; retrieve them via the Exa API.