Levin

Levin v. Unum Life Insurance Co. of America

Good Law

33 F. Supp. 2d 1179·1998 WL 934914·22 Employee Benefits Cas. (BNA) 1571·1998 U.S. Dist. LEXIS 21693

United States District Court, Northern District of CaliforniaJuly 27, 1998C-974327 MHPCalifornia2,945 words

Opinion

Patel, J.

MEMORANDUM AND ORDER

On September 26, 1997 plaintiffs Roger M. Levin and Roger M. Levin, M.D., Inc. (“the Levin corporation”) brought this action in state court against defendants UNUM Life Insurance Co. (“UNUM”) and others for de nial of long-term disability benefits. Plaintiffs’ action was subsequently removed to this court by defendants who allege that plaintiffs’ claims are preempted under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Now before the court are the parties’ cross-motions for partial summary judgment on ERISA plan coverage and preemption and also for partial summary judgment on the appropriate standard and scope of review under ERISA.

Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

This action arises out of plaintiff Levin’s claim for long-term disability insurance benefits under an individual policy which plaintiff purchased from defendant UNUM. After UNUM denied plaintiffs claim, plaintiff brought an action in state court. UNUM subsequently removed the action to this court, asserting that plaintiffs claims…

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