Turner v. Leesona Corp.

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

I. INTRODUCTION

The question is whether plaintiff may have his ERISA claim tried before a jury. For the reasons that follow, I rule that plaintiffs claims may not be tried before a jury.

William Turner became injured and applied for benefits under a Group Long Term Disability Insurance Policy which the defendant had issued to Turner’s former employer. Turner alleged in his complaint that his application was wrongfully and arbitrarily denied.

The defendant argued that plaintiffs claims, which the defendant characterized as common law contract…