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CARRINGTON ESTATE PLANNING v. RELIANCE STANDARD

No. 00-17491.

289 F.3d 644 (2002)

CARRINGTON ESTATE PLANNING SERVICES, a Nevada corporation individually and on behalf of Gerken Management Co., Inc. Money Purchase Plan, Plaintiff-Appellant, and Weisman Family Trust; Adams Family Trust; Larry Jones; Paula Jones; Dale Montgomery; Pamela Montgomery; ED Sandala, Plaintiffs, v. RELIANCE STANDARD LIFE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2002.

Attorney(s) appearing for the Case

Richard M. Waugh, Phoenix, AZ, for the plaintiff-appellant.

Joshua Bachrach, Rawle & Henderson, Philadelphia, Pennsylvania; Mark W. Flory and Angela Lui Walsh, Harrington, Foxx, Dubrow & Canter, San Diego, CA; and David W. Davis, Turley, Swan & Childers, Phoenix, AZ, for the defendant-appellee.

Before REINHARDT, MAGILL, and FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge.

Carrington Estate Planning Services ("Carrington") appeals the district court's summary adjudication of its claim for benefits under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1132(a)(1)(B). The district court based its grant of summary judgment on the finding that, as a matter of law, the notice-prejudice rule applicable to insurance policies under Rhode Island and Arizona law does not apply to a notice...

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