Legal Opinion
Neil Bergt v. The Retirement Plan for Pilots Employed by Markair, Inc.
Court of Appeals for the Ninth Circuit
Decided June 19, 2002No. 99-36016PublishedCited by 114 opinions
1Opinion of the Court
OPINION
BREWSTER, Senior District Judge.
Neil G. Bergt (“Bergt”) appeals the lower court’s summary judgment order denying him retirement benefits covered under the Employment Retirement Income Security Act, 29 U.S.C. §§ 1001 et. seq. (“ERISA”). The central question in this case is how to interpret an ERISA plan when the provisions of the plan master document are more favorable than, and conflict with, the statements of the plan summary. This Circuit has provided little guidance on this issue. The lower court held these conflicting provisions, when considered together, created an ambiguity that…
2Cases cited16 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Koon v. United StatesSupreme Court of the United States · 1996
- Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1999
- Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
- Richard Atwood v. Newmont Gold Co., Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1995
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3Cited by114 opinions
- Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
- Leahy v. Raytheon CorporationCourt of Appeals for the First Circuit · 2002
- EUGENE S. v. Horizon Blue Cross Blue ShieldCourt of Appeals for the Tenth Circuit · 2011
- Spinedex Physical Therapy USA Inc. v. United Healthcare of Arizona, Inc.Court of Appeals for the Ninth Circuit · 2014
- Nolan v. Heald CollegeCourt of Appeals for the Ninth Circuit · 2009
109 more not listed; retrieve them via the Exa API.