Legal Opinion

Viera v. Life Insurance Co. of North America

Court of Appeals for the Third Circuit

Decided June 10, 2011No. 10-2281PublishedCited by 102 opinions

1Opinion of the Court

OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal arises out of the 2008 death of Frederick Viera (‘Viera”) in a head-on motorcycle accident. At the time of his death, Viera was covered under an employer-provided accidental death and dismemberment policy (“Policy”), issued by Life Insurance Company of America (“LINA”), and subject to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1101 et seq. Vi-era’s wife and the executrix of his estate, Hetty Viera (“Plaintiff’), submitted a claim under the Policy following his death. LINA denied Plaintiffs claim, both initially and…

2Cases cited35 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Barnhart v. ThomasSupreme Court of the United States · 2003
  3. Metropolitan Life Insurance v. GlennSupreme Court of the United States · 2008
  4. Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1999
  5. Max W. Perry v. Simplicity Engineering, a Division of Lukens General Industries, Inc., a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1990

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3Cited by102 opinions

  1. Enterprise Rent-A-Car Wage & Hour Employment Practices Litigation v. Enterprise Holdings, Inc.Court of Appeals for the Third Circuit · 2012
  2. Connie Edmonson v. Lincoln National Life InsurancCourt of Appeals for the Third Circuit · 2013
  3. Gross v. Sun Life Assurance Co. of CanadaCourt of Appeals for the First Circuit · 2013
  4. Liberty Mutl Ins Co v. James SweeneyCourt of Appeals for the Third Circuit · 2012
  5. Pacific Employers Ins Co v. Global Reinsurance Corp of AmeCourt of Appeals for the Third Circuit · 2012

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