Randall D. Ivanciw and Sandra Ivanciw v. Unum Life Insurance Company of America

91 F.3d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Randall D. IVANCIW and Sandra Ivanciw, Plaintiffs-Appellants, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee. No. 95-15749. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1996. Decided July 11, 1996. 1 Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, Senior District Judge. * 2 MEMORANDUM ** I. 3 The district court correctly concluded on summary judgment that the group long term disability insurance policy ("LTD Plan" or "Plan") issued by UNUM Life Insurance Company of America ("UNUM") through Randall D. Ivanciw's employer, ASI Systems International ("ASI"), was an "employee benefit plan" under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1001 , et seq., and that ERISA, therefore, preempted all the Ivanciws' state law claims. See 29 U.S.C. § 1144 (a); Scott v. Gulf Oil Corp., 754 F.2d 1499, 1502 (9th Cir.1985).…