State ex rel. Montgomery Ward & Co. v. Peters

WASSERSTROM, Judge.

Montgomery Ward & Co., Inc. (“Ward”) has established the Montgomery Ward & Co., Incorporated Long-Term Disability Plan (“the Plan”) and Montgomery Ward & Co., Incorporated Long-Term Disability Trust (“the Trust”). Reuben W. Berry is a member of the Plan committee and David W. Fishman is the manager of the Plan. Robert W. Riggins is a former Ward employee who became a participant in the Plan.

In 1978 Riggins made claim for disability benefits under the Plan. That claim was denied. Thereupon Riggins filed suit in the Circuit Court of Jackson County, Missouri.

The suit is in six…