Viera v. Life Insurance Co. of North America

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

I. INTRODUCTION

Plaintiff Hetty Viera (“Plaintiff’) brings this action pursuant to the Employee Retirement Income and Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B) (2006), seeking payment of benefits under an accidental death and dismemberment policy arising from the death of her husband, Frederick Viera (“Viera”). Defendant Life Insurance Company of North America (“Defendant”) denied benefits under the accidental death and dismemberment policy. The case is on remand to this Court from the United States Court of Appeals for the Third Circuit.

Curr…