Legal Opinion
Transamerica Occidental Life Insurance Company, a Corporation, Plaintiff v. Linda Ann Digregorio
Court of Appeals for the Ninth Circuit
Decided March 2, 1987No. 85-2831PublishedCited by 83 opinions
1Opinion of the Court
SNEED, Circuit Judge:
Transamerica Occidental Life Insurance Company (Transamerica) brought suit in federal court pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, for a declaration that its policy did not provide double indemnity to a particular beneficiary. The district court dismissed on the ground that it lacked subject matter jurisdiction or, alternatively, that it had discretion to defer to pending state court litigation. Transamerica appeals. We hold that there was federal jurisdiction but affirm on the alternative ground.
I
FACTS
An employee of the…
2Cases cited32 opinions
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