Legal Opinion

Van Orman v. American Insurance

District Court, D. New Jersey

Decided March 26, 1984No. Civ. A. 75-2007, 76-2287 and 75CV14-W-LPublishedCited by 18 opinions

1Opinion of the Court

OPINION

DEBEVOISE, District Judge.

A number of motions are pending in this action. Critical to the ultimate resolution of this controversy are the parties’ cross-motions for summary judgment testing the validity of the reactivation of The American Retirement Plan (“TARP”). These summary judgment motions will be dealt with first.

I. Background

A. Facts and History of the Litigation: The history of this litigation and a recital of the facts which give rise to it are set forth in the opinion of the Hon. H. Curtis Meanor, filed October 27, 1980, as supplemented by an opinion filed February 18, 1981…

2Cases cited7 opinions

  1. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  2. In Re C. D. Moyer Co. Trust FundDistrict Court, E.D. Pennsylvania · 1977
  3. Audio Fidelity Corporation v. Pension Benefit Guaranty CorporationCourt of Appeals for the Fourth Circuit · 1980
  4. Walsh v. Great Atlantic & Pacific Tea Co.District Court, D. New Jersey · 1983
  5. Zambardino v. SchweikerCourt of Appeals for the Third Circuit · 1981

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3Cited by18 opinions

  1. Malia v. General Electric CompanyCourt of Appeals for the Third Circuit · 1994
  2. Kinek v. Paramount Communications, Inc.Court of Appeals for the Second Circuit · 1994
  3. In Re Gulf Pension LitigationDistrict Court, S.D. Texas · 1991
  4. Bass v. Retirement Plan of Conoco, Inc.District Court, W.D. Louisiana · 1988
  5. John Blair Communications, Inc. Profit Sharing Plan v. Telemundo Group, Inc. Profit Sharing PlanCourt of Appeals for the Second Circuit · 1994

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