Legal Opinion

General American Life Insurance Company v. Lee Castonguay, Jerry Fitzpatrick, Charles Kilmer Alex G. Sieben

Court of Appeals for the Ninth Circuit

Decided February 1, 1993No. 91-16072PublishedCited by 70 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge:

The Northern California Motor Car Dealers Association Trust, an ERISA trust, is obligated by its contract with General American Insurance Company to reimburse General over four million dollars. Unfortunately, it looks like the trust will come up three million .dollars short. We are faced with two questions: First, can General sue not only for breach of contract but also for fraud, based on misrepresentations the trust’s agent allegedly made when he was negotiating an extension of the contract? And, second, are the trustees personally liable for the trust’s obligations?

I

2Cases cited16 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  4. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  5. FMC Corp. v. HollidaySupreme Court of the United States · 1990

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3Cited by70 opinions

  1. Paulsen v. CNF INC.Court of Appeals for the Ninth Circuit · 2009
  2. Penny/ohlmann/nieman, Inc. v. Miami Valley Pension Corp.Court of Appeals for the Sixth Circuit · 2005
  3. Blue Cross of California v. Anesthesia Care Associates Medical Group, Inc.,defendant-Appellee. Blue Cross of California v. Anesthesiology Consultants of Contra Costa County Medical Group, Inc., Blue Cross of California v. Kern Bone and Joint Specialists, Incorporated, Blue Cross of California v. Beaver Medical Clinic, Inc.Court of Appeals for the Ninth Circuit · 1999
  4. 22 Employee Benefits Cas. 1268, 98 Cal. Daily Op. Serv. 4155, 98 Daily Journal D.A.R. 5767, 98 Daily Journal D.A.R. 8433 Roger Timothy Bast, Individually and as Personal Representative for the Estate of Rhonda Rae Fleming Bast Douglas Glenn Bast, a Minor Child v. Prudential Insurance Company of America, an Insurance CorporationCourt of Appeals for the Ninth Circuit · 1998
  5. David P. Coldesina, D.D.S., P.C. v. Estate of SimperCourt of Appeals for the Tenth Circuit · 2005

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