Peralta

Peralta v. Hispanic Business

Good Law
United States Court of Appeals for the Ninth CircuitAugust 17, 200503-57000California5,582 words

Opinion

Opinion

FACTS

In October 1998, Carmen Peralta began work as a special events manager for HBI, a publisher of business magazines. As part of an effort to enhance its benefits package, HBI introduced a new long-term disability insurance policy (“LTD policy”), effective January 1, 1999, at no cost to its employ- ees, which automatically covered “all regular employees who work[ed] 30 or more hours per week.” Letter from HBI (Dec. 28, 1998), ER at 101. The LTD policy was an employee bene- fits plan, as defined by ERISA, and Peralta was a beneficiary of the plan. In July 2000, Maureen Girouard, the then-Human Resources (“HR”) Manager at HBI, wrote to the LTD policy carrier to cancel the policy.

On October 10, 2000, Peralta, while still employed at HBI, was involved in an automobile accident and suffered serious injuries. Believing that she was covered under HBI’s LTD policy, Peralta attempted to make a claim for long-term dis- ability benefits. But as the policy had already been cancelled, no benefits were paid.

At the time of Peralta’s accident, June Wozny was HBI’s HR manager. Wozny was in charge of the administration of HBI’s employee benefits plan, and one of her projects was to take “a…

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