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CONFER v. CUSTOM ENGINEERING CO.

No. 91-3246.

952 F.2d 41 (1991)

Ricky CONFER and Holly Confer, and Erie Indemnity Company v. CUSTOM ENGINEERING COMPANY, Theodore E. Flower and Peter Traphagen; Custom Engineering Co. Employee Benefit Plan, a/k/a Custom Engineering Co. Employee Health Benefit Program, Custom Engineering Company, Trustee v. SELF-FUNDED PLANS, INC., and Manufacturers Life Insurance Company, Third-Party Defendant, Custom Engineering Company Employee Health and Benefit Plan a/k/a Custom Engineering Company Employee Health and Benefit Program and Custom Engineering Company, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 19, 1991.

Attorney(s) appearing for the Case

John M. Quinn, Jr. (argued), Kenneth W. Wargo, Quinn, Gent, Buseck and Leemhuis, Erie, Pa., for appellants.

James D. McDonald, Jr. (argued), Daniel J. Pastore, The McDonald Group, James J. Stuczynski, Bernard Stuczynski & Bonanti, Erie, Pa., for appellees.

Timothy J. Galanaugh, Murphy and O'Connor, Haddonfield, N.J., for third-party defendant.

Before MANSMANN, NYGAARD and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

In this ERISA action, the district court determined that plaintiff Ricky Confer is entitled to medical benefits under the Custom Engineering Employee Health Benefit Plan, because an oral statement of a change in a plan does not effect a modification of the plan's terms. The district court also determined that Custom Engineering Company, the Plan's administrator, breached its fiduciary duty to Confer by wrongfully denying...

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