Legal Opinion
Kirby v. Tad Resources International, Inc.
New Mexico Court of Appeals
Decided June 16, 2004No. 23,930PublishedCited by 5 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Plaintiff was denied long-term disability benefits under her employer’s group insurance policy. The gut issue is whether, under ERISA, she can seek judgment against the ERISA plan itself as an entity when the disability insurer in control of administration of the plan has been dismissed on res judicata grounds and is not a party and Plaintiff cannot directly obtain a judgment against the insurer. The district court held she could not. We reverse. BACKGROUND
{2} Plaintiff Stella Kirby sought damages stemming from the denial by Guardian Life Insurance Company of America…
2Cases cited23 opinions
- Custer v. Pan American Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1993
- Michael F. Terry v. Bayer Corporation and Bayer Corporation Disability PlanCourt of Appeals for the First Circuit · 1998
- Jass v. Prudential Health Care Plan, Inc.Court of Appeals for the Seventh Circuit · 1996
- Joyce A. Gelardi v. Pertec Computer Corporation, Etc.Court of Appeals for the Ninth Circuit · 1985
- Silva v. StateNew Mexico Supreme Court · 1987
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kirby v. Guardian Life Insurance Co. of AmericaNew Mexico Supreme Court · 2010
- Tunis v. Country Club Estates Homeowners Ass'n, Inc.New Mexico Court of Appeals · 2013
- Kirby v. Long-Term Disability Plan of TAD Resources International, Inc.New Mexico Court of Appeals · 2008
- Tunis v. Country Club Estates Homeowners Ass'nNew Mexico Court of Appeals · 2014
- Tunis v. Country Club Estates Homeowners Assn.New Mexico Court of Appeals · 2013