Cecil Ray Arnold v. Life Insurance Company of North America

TUTTLE, Senior Circuit Judge:

This is an appeal from the dismissal by the trial court of appellant Arnold’s complaint in which he had alleged defendant Life Insurance Company of North America had refused to pay for the loss of plaintiff’s sight in one eye.

I. STATEMENT OF THE CASE

The insurance policy in question was provided to the plaintiff by his employer under an employee welfare benefit plan. His claim, therefore, fell within the purview of the Employee Retirement Insurance Security Act, 29 U.S.C. § 1001 et seq. (ERISA). The plan administrator ruled that the plaintiff was not entitled to…