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DEVLIN v. EMPIRE BLUE CROSS AND BLUE SHIELD

Docket No. 00-9469.

274 F.3d 76 (2001)

Francis J. DEVLIN, Plaintiff, Richard G. Kunkel, Joseph G. Murphy, Daniel Rosenberg, Daniel G. Sanders, James C. Snyder, Anthony J. Truhon, John Wandzilak, Jr., John F. Byrnes, William A. De Mauro, Michael Elkins, Jerrold I. Ehrlich, Beverly Glickerman, Gerald Harrison, John F. Luczun, John F. Muldoon, Harry E. Nicholsen, Ronald D. Zammit, Sterling E. Cathey, Louis L. Levine, Ellen H. Propp, John L. Shurtleff, Jules K. Lambek, and Eugene F. Harrison, Plaintiffs-Appellants, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 6, 2001.

Attorney(s) appearing for the Case

Meredith H. Savitt, Hite & Savitt, Albany, NY, for Appellants.

Gary H. Glaser, Seyfarth Shaw, New York, NY (Craig P. Pacernik, on the brief), for Appellee.

Before: JACOBS, PARKER, and SOTOMAYOR, Circuit Judges.

PARKER, Circuit Judge.

In 1998, defendant-appellee Empire Blue Cross and Blue Shield ("Empire") significantly lowered the amount of life insurance provided to retirees.1 Plaintiffs-appellants are former employees of Empire who retired between 1989 and 1993. Plaintiffs seek to enforce the terms of the life insurance plan provided by Empire to its retirees, as those terms existed during their employment...

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