Smith v. Life Insurance Co. of North America

MEMORANDUM OPINION

McCALLA, District Judge.

The complaint in this action was originally filed in the Circuit Court of Dyer County by the plaintiffs Glenda Smith, Erica Jean Smith, and Brandy Jo Smith, as the widow, children, and beneficiaries of Gary H. Smith under a life insurance policy issued by defendant Life Insurance Company of North America. Defendant subsequently removed this action to this Court under 28 U.S.C. § 1331 on the basis that the plaintiffs’ claim to such benefits is by virtue of the decedent’s participation in an employee welfare benefit plan established by his employer, as…