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...

Let's get started


Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases