Legal Opinion

Henry v. Home Insurance

District Court, C.D. California

Decided December 6, 1995No. CV 94-4155 AWTPublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

TASHIMA, District Judge.

This is an action to recover benefits under a plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Defendant The Home Insurance Company (“Home”), has moved for summary judgment. For the reasons stated below, Home’s motion will be denied and the action remanded for reevaluation of Henry’s claim in a manner consistent with this opinion.

BACKGROUND

During the time frame of the underlying events, Henry was an associate attorney with the law firm of LeBoeuf Lamb Leiby & MacRae (“LeBoeuf”), in Los Angeles.…

2Cases cited19 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Kievit v. Loyal Protective Life InsuranceSupreme Court of New Jersey · 1961
  3. Cool Fuel, Incorporated v. William H. Connett, Etc.Court of Appeals for the Ninth Circuit · 1982
  4. Richard Atwood v. Newmont Gold Co., Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1995
  5. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930

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3Cited by21 opinions

  1. Penny Grosz-Salomon v. Paul Revere Life Insurance Company, a Provident Company Cross-AppelleeCourt of Appeals for the Ninth Circuit · 2001
  2. June Saffle v. Sierra Pacific Power Company Bargaining Unit Long Term Disability Income PlanCourt of Appeals for the Ninth Circuit · 1996
  3. Schadler v. Anthem Life InsuranceCourt of Appeals for the Fifth Circuit · 1998
  4. Frank Pirkheim and Roxanne Pirkheim, as Parents of Logan Pirkheim v. First Unum Life Insurance, a Foreign CorporationCourt of Appeals for the First Circuit · 2000
  5. Josephine Murray, in No. 96-5685 v. United of Omaha Life Insurance Company Mutual of Omaha Insurance Company American Home Assurance Company Hartford Accident and Indemnity Company John Hancock Mutual Life Insurance Company Legionnaire Insurance Trust Program Insurance Company of North America. Josephine Murray v. United of Omaha Life Insurance Company Mutual of Omaha Insurance Company American Home Assurance Company Hartford Accident and Indemnity Company John Hancock Mutual Life Insurance Company Legionnaire Insurance Trust Program Insurance Company of North America. Appeal of Hartford Accident and Indemnity Company, in No. 96-5747. Appeal of American Home Assurance Company, in No. 96-5748. Appeal of Mutual of Omaha Insurance Company and United of Omaha Life Insurance Company, in No. 96-5749Court of Appeals for the Third Circuit · 1998

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