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GARCIA-MORENO v. GREAT-WEST LIFE AND ANNUITY

No. C05-4017-PAZ.

402 F.Supp.2d 1031 (2005)

Elias GARCIA-MORENO, Plaintiff, v. GREAT-WEST LIFE AND ANNUITY INSURANCE CO., a Colorado corporation, and its Subsidiary, Alta Health & Life Insurance Co., a Colorado corporation, Defendants.

United States District Court, N.D. Iowa, Western Division.

December 1, 2005.

Attorney(s) appearing for the Case

Dennis M. McElwain, Smith & McElwain, Sioux City, IA, for Plaintiff.

David M. Swinton, Belin, Lamson, McCormick, Zumbach, Flynn, Des Moines, IA, for Defendants.

MEMORANDUM OPINION AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

ZOSS, United States Magistrate Judge.

This is an action to recover life insurance benefits under an ERISA plan. The plaintiff claims his son was a participant in the ERISA plan, and purchased life insurance under the plan naming his father as the beneficiary. The plaintiff further claims his son died, and as the beneficiary of the life insurance, he is entitled to insurance proceeds...

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