Legal Opinion
Dorothy T. Makar Anthony L. Makar, Her Husband v. Health Care Corporation of the Mid-Atlantic (Carefirst) Provident Life & Accident Insurance Company
Court of Appeals for the First Circuit
Decided April 7, 1989No. 06-1544PublishedCited by 184 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
The question here is whether claimants under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., must pursue the remedies provided by employee benefit plans in which they participate before bringing an ERISA action for denial of benefits. We hold that appellants must exhaust such remedies. We vacate the judgment of the district court in favor of defendants and remand the case for dismissal without prejudice to any future ERISA action appellants may have in order to allow them to pursue their plan remedies.
I
On November 30, 1986,…
2Cases cited9 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Amato v. BernardCourt of Appeals for the Ninth Circuit · 1980
- William J. Kross v. Western Electric Company, Inc.Court of Appeals for the Seventh Circuit · 1983
- Jack D. Denton v. First National Bank of Waco, TexasCourt of Appeals for the First Circuit · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by184 opinions
- Alan Weiner, D.P.M. v. Klais and Company, Inc.Court of Appeals for the Sixth Circuit · 1997
- John Doe v. Blue Cross & Blue Shield United of Wisconsin and Aurora Health Care, Inc.Court of Appeals for the Seventh Circuit · 1997
- Anderson v. Sara Lee Corp.Court of Appeals for the Fourth Circuit · 2007
- Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998
- Michael F. Terry v. Bayer Corporation and Bayer Corporation Disability PlanCourt of Appeals for the First Circuit · 1998
179 more not listed; retrieve them via the Exa API.