EVERHART v. ALLMERICA FINANCIAL LIFE INS.

No. 99-17094.

275 F.3d 751 (2001)

Lyn EVERHART, Plaintiff-Appellant, v. ALLMERICA FINANCIAL LIFE INSURANCE COMPANY, dba State Mutual Life Assurance Company of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2001.


Attorney(s) appearing for the Case

Charles J. Wisch, San Francisco, California, for the plaintiff-appellant.

Paul E.B. Glad, Sonia Renee Martin, Sonnenschein Nath & Rosenthal, San Francisco, California, for the defendant-appellee.

Before: REINHARDT, RYMER and FISHER, Circuit Judges.


Opinion by Judge FISHER; Dissent by Judge REINHARDT.

FISHER, Circuit Judge:

Lyn Everhart appeals the district court's summary judgment in favor of Allmerica Financial Life Insurance Co. ("Allmerica"). She argues that the district court was incorrect in concluding that ERISA barred her suit against Allmerica, its employee benefit plan's insurer. Because Everhart may not bring suit to recover benefits against Allmerica in its capacity as a third-party insurer...

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