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UNION SEC. INS. CO. v. BLAKELEY

No. 09-4368.

636 F.3d 275 (2011)

UNION SECURITY INSURANCE COMPANY, Plaintiff, v. Andrea BLAKELEY, Thomas Blakeley, and Tracy Cochran, Defendants-Appellants, Sondra Billet, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 15, 2011.

Attorney(s) appearing for the Case

ON BRIEF: Wilfred L. Potter , Springfield, Ohio, for Appellants. Patrick K. Dunphy , Dayton, Ohio, for Appellee.

Before: MARTIN and STRANCH, Circuit Judges; THAPAR, District Judge.

OPINION

THAPAR, District Judge.

In an unusual turn of events, ERISA makes this a simple case. To determine the proper beneficiary of Thomas Blakeley's life insurance policy, ERISA says to look first at the text of the policy. But the court below overlooked a key piece of the policy's text and instead resorted to the common law to decide that Sondra Billet was the rightful beneficiary. This was error.

I...

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