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ALEXANDER v. PRIMERICA HOLDINGS, INC.

No. 91-5712.

967 F.2d 90 (1992)

Judd ALEXANDER; and Richard Edwards, on Behalf of themselves and as representatives of a Class of persons similarly situated, Appellants, v. PRIMERICA HOLDINGS, INC., formerly known as Primerica Corporation; Board of Directors of Primerica Holdings, Inc.; James Dimon; Irwin Ettinger; John Fowler; John Does 1-10 (being individual members of the Primerica Holdings, Inc. Board of Directors); ABC (being the administrator of the American Can Salaried Retirees Group Insurance Plan); and John Doe 15-25 (being the individual members of the Board, group or committee functioning as the administrator of the American Can Salaried Retirees Group Insurance Plan).

United States Court of Appeals, Third Circuit.

Decided June 25, 1992.

Attorney(s) appearing for the Case

Gerald A. Liloia, Esquire (argued), Robert D. Towey, and Glenn Curving, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, N.J., for appellants.

Saul P. Morgenstern, Jacob S. Pultman, Dewey Ballantine, New York City, and Donald A. Robinson, Robinson, St. John & Wayne, Newark, N.J. (Richard M. Green, Primerica Holdings, Inc., New York City and Sanford M. Litvack (argued) Burbank, Cal., of counsel), for appellees.

Before: STAPLETON and MANSMANN, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

At issue here is whether a particular clause in an ERISA summary plan description reserved a company's right to reduce employee welfare benefits. The district court opined that it did. Because we conclude that the clause is ambiguous, we will reverse the district court's grant of summary judgment, and we will remand the case for a determination by the district court, as fact finder, as to whether the company...

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