Sousa
Sousa v. Unilab Corp. Class II (Non-Exempt) Members Group Benefit Plan
Opinion
Opinion
Ishii, J.
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
This action arises under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (“ERISA”). This court has jurisdiction under 28 U.S.C. § 1331 and 29 U.S.C. § 1132 (e). Plaintiffs Allison Sousa, as Executor of the Will of Christopher Sousa, Brendan Sousa, Evan Sousa, and Zachery Sousa, minors by Allison Sousa guardian ad litem, (“Plaintiffs”) are the family of Christopher Sousa. De fendant Unilab Corporation Class II (NonExempt) Members Group Benefit Plan (“Plan”) is an employee group benefit plan established by decedent Christopher Sousa’s employer. Defendant Principal Mutual Life Insurance Company (“Principle”) was the insurer of the Plan and administered claims for the Plan. Pending before the court are cross motions for summary judgment. At issue is whether this action is barred by the statute of limitations and whether Decedent Christopher Sousa’s death was a result of a willful self injury.
PROCEDURAL HISTORY
On August 9, 2001, Plaintiffs filed a complaint. Plaintiffs contend that Defendants denied them ■ accidental death…