Philip Ruble v. Unum Life Insurance Co. Of America

DAVID A. NELSON, Circuit Judge.

This is an action brought under Michigan law for breach of a group disability insurance contract. The insurance policy, which constitutes an “employee welfare benefit plan” under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq., contains a provision purporting to reduce benefits by the amount of any social security benefits received. The parties disagree as to whether the Michigan Insurance Code of 1956 made this provision ineffective.

The defendant insurance company moved for summary judgment on the grounds that whatever the…