Lyn Everhart v. Allmerica Financial Life Insurance Company, Dba State Mutual Life Assurance Company of America

Opinion by Judge FISHER; Dissent by Judge REINHARDT.

FISHER, Circuit Judge:

Lyn Everhart appeals the district court’s summary judgment in favor of Allmerica Financial Life Insurance Co. (“Allmerica”). She argues that the district court was incorrect in concluding that ERISA barred her suit against Allmerica, its employee benefit plan’s insurer. Because Everhart may not bring suit to recover benefits against Allmerica in its capacity as a third-party insurer under the applicable ERISA provisions, we affirm.

I

Appellant was married to Charles Ever-hart, an employee of Credence Systems Corp.…