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KIRBY v. TAD RESOURCES INTERN., INC.

No. 23,930.

95 P.3d 1063 (2004)

136 N.M. 148

2004-NMCA-095

Stella R. KIRBY, Plaintiff-Appellant, v. TAD RESOURCES INTERNATIONAL, INC., a/k/a Tad Technical Services Corporation, a/k/a Adecco-Tad Resources International, a/k/a Adecco Employment Services, Inc., a/k/a Adecco SA, a/k/a Adecco International, Defendants/Third-Party Plaintiffs-Appellees, v. The Guardian Life Insurance Company Of America, Third-Party Defendant-Appellee.

Court of Appeals of New Mexico.

June 16, 2004.

Attorney(s) appearing for the Case

Earl Mettler, Mettler & LeCuyer, P.C., Albuquerque, for Appellant.

Matthew T. Byers, McCormick, Caraway, Tabor & Riley, L.L.P., Carlsbad, for Appellee Adecco Employment Services, Inc.

Donald A. DeCandia, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for Appellee The Guardian Life Insurance Company of America.

OPINION

SUTIN, Judge.

{1} Plaintiff was denied long-term disability benefits under her employer's group insurance policy. The gut issue is whether, under ERISA, she can seek judgment against the ERISA plan itself as an entity when the disability insurer in control of administration of the plan has been dismissed on res judicata grounds and is not a party and Plaintiff cannot directly obtain a judgment against the insurer. The district court held she could...

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