METROPOLITAN LIFE INS. CO. v. PARKER

Nos. 03-16518, 03-16620.

436 F.3d 1109 (2006)

METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation, Plaintiff, v. Eileen M. PARKER, aka Eileen Marrero, Defendant-Appellant, Anita Pietrofitta; Estate of Scott Parker, by and through its personal representative, Defendants-Appellees, and Zachary Dry, a minor child by and through his natural mother and guardian Lisa Dry, Defendant. Metropolitan Life Insurance Company, a New York corporation, Plaintiff, v. Eileen M. Parker, aka Eileen Marrero, Defendant-Appellee, Anita Pietrofitta, Defendant-Appellant, and Zachary Dry, a minor child by and through his natural mother and guardian Lisa Dry; Estate of Scott Parker, by and through its personal representative, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2006.


Attorney(s) appearing for the Case

Richard M. Waugh, Richard M. Waugh, Ltd., Phoenix, AZ, for defendant-appellant Eileen Marrero.

Candess J. Hunter and Isabel M. Humphrey, Phoenix, AZ, for defendant-appellee/cross-appellant Anita Pietrofitta.

David L. Haga and Jennifer R. Houde, Gallagher & Kennedy, P.A., Phoenix, AZ, for defendant-appellee estate of Scott Parker.

Kevin J. Parker, Snell & Wilmer, Phoenix, AZ, for defendant-appellee Zachary Dry.

Before: TALLMAN, BYBEE, and BEA, Circuit Judges.


BYBEE, Circuit Judge:

This is a cautionary tale for ERISA administrators. We are met with three claimants to an ERISA-governed life insurance policy held by the decedent, Scott Parker: Anita Pietrofitta, his widow; Eileen Marrero, his ex-wife; and the Estate of Scott Parker, which represents Zachary Dry, a son born to a third woman five months after Parker died. Metropolitan Life Insurance Company ("MetLife") declared the policy proceeds owing but could not identify...

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