Dam v. Life Insurance Co. of North America

Thomas Dam appeals the district court’s 1 grant of summary judgment in favor of Life Insurance Company of North America (LINA) on his state law claims for improper denial of insurance benefits following the loss of his vision in one eye. Dam challenges only the district court’s application of the Employee Retirement Income Security Act of 1974 (ERISA) to his claims. He argues that the court erred in determining that the insurance benefits he sought did not fall within ERISA’s “safe harbor” provision. 2

Upon de novo review, we conclude the evidence presented by the parties established beyond…