Legal Opinion
Myerscough, Inc. v. Fortis Benefits Insurance
District Court, C.D. Illinois
Decided February 28, 2000No. 99-3225PublishedCited by 1 opinion
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge.
Does a minority shareholder have standing to maintain a suit based on the denial of medical benefits under ERISA?
Yes.
Motion to remand to state court is DENIED.
BACKGROUND
The eight count complaint in this case was originally filed in the Circuit Court for the Seventh Judicial Circuit of Sangamon County, Illinois. In the complaint, Plaintiffs brought several claims against Defendants, including breach of contract and several tort claims, based on the alleged denial of insurance benefits.
Defendants filed a notice of removal on September 1, 1999. In the notice…
2Cases cited13 opinions
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Vilma Lissette Vega Jose Vega v. National Life Insurance Services, Inc., Pan-American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1999
- Jacqueline C. Chase v. Shop 'N Save Warehouse Foods, Inc.Court of Appeals for the Seventh Circuit · 1997
- George Kwatcher v. Massachusetts Service Employees Pension FundCourt of Appeals for the First Circuit · 1989
- Richard Fugarino, Jo Marie Fugarino and Marc A. Fugarino v. Hartford Life and Accident Insurance Company and Consolidated Group, Inc.Court of Appeals for the Sixth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Elward v. Benicorp InsuranceDistrict Court, N.D. Indiana · 2002