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HARROW v. PRUDENTIAL INS. CO. OF AMERICA

No. 00-5049.

279 F.3d 244 (2002)

Stanley HARROW, on behalf of himself and all others similarly situated; Debra Harrow, Administrator of the Estate of Stanley Harrow, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA; John Does No. 1-10, individually and in their fiduciary Plan Administrators of the Prudential Health Care Plans. Debra Harrow, Administrator of the Estate of Stanley Harrow, on behalf of the Estate of Stanley Harrow and all others similarly situated, Appellant.

United States Court of Appeals, Third Circuit.

Filed January 30, 2002.

Attorney(s) appearing for the Case

Michael D. Gottsch (Argued), Ramona Mariani, Chimicles & Tikellis, Haverford, PA, Kenneth A. Jacobsen, Media, PA, Attorneys for Appellant.

James C. Orr (Argued), Kelly A. Waters, Wilson, Elser, Moskowitz, Edelman & Dicker, Newark, NJ, Attorney for Appellee, Prudential Insurance Company of America.

Before: SLOVITER, SCIRICA and GARTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Debra Harrow, administratrix of her husband Stanley Harrow's estate, appeals an order granting summary judgment to Prudential Insurance Company on her claim that Stanley Harrow and a putative class of plaintiffs were wrongfully denied insurance coverage for Viagra, in violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B) and 29 U.S.C. § 1104(a). The District...

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