Elaine Walker Earle v. Unum Life Ins. Co. of America

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 19 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELAINE MARIE WALKER EARLE, No. 20-55868

Plaintiff-Appellant, D.C. No. 2:19-cv-02903-JFW-AFM v.

UNUM LIFE INSURANCE COMPANY MEMORANDUM*

OF AMERICA,

Defendant-Appellee,

and

GROUP BASIC ACCIDENTAL DEATH

AND DISMEMBERMENT PLAN FOR

EMPLOYEES OF UNIVERSITY OF

SOUTHERN CALIFORNIA; DOES,

through 10 Inclusive,

Defendants.

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Argued and Submitted October 6, 2021 Pasadena, California

Before: GRABER, CHRISTEN, and OWENS, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In this action under the Employee Retirement Income Security Act

(“ERISA”), Elaine Marie Walker Earle appeals from the district court’s judgment

concluding that Unum Life Insurance Company of America (“Unum”) correctly

denied Earle’s claim for accidental death…