Bess

MEMORANDUM *

Ludmila Bess, M.D., appeals from a judgment in favor of her insurer, New *600 York Life Insurance Company (NY.LIC), that is predicated on a series of rulings, including: (1) summary judgment on Bess’s state-law complaint based on ERISA preemption; (2) denial of Bess’s motion for reconsideration of the ERISA-based summary judgment ruling; and (3) summary judgment on Bess’s claim for total disability benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

I

Shortly after the district court held that Bess’s claims were preempted by ERISA, Bess moved to reconsider in light of this court’s decision in LaVenture v. Prudential Insurance Co. of America, 237 F.3d 1042 (9th Cir.2001). LaVenture clearly undermines the basis for the district court’s ruling given our holding that a disability policy purchased by business owners for their sole benefit is not an ERISA plan. Id. at 1047 . The district court’s articulated reason for refusing to reconsider — that Bess was not an owner when the motion for summary judgment was heard — is beside the point. Accordingly, it was an abuse of discretion not to entertain Bess’s motion for reconsideration. We remand for…