Hoff

Hoff v. Reliance Standard Life Insurance

Good Law
160 F. App'x 652
United States Court of Appeals for the Ninth CircuitDecember 28, 2005No. 04-15823California879 words

Opinion

Lead Opinion

MEMORANDUM **

Veronica Hoff and Paul Johnson appeal the district court’s determination that the Employee Retirement Income Security Act (“ERISA”) 1 preempted their claims against Reliance Standard Insurance Company for denial of long-term disability benefits. They also appeal the district court’s grant of summary judgment to Reliance after the court construed their state contract claims as federal, ERISA claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm on all but one issue. We reverse the district court’s grant of summary judgment on Hoffs ERISA claim.

The district court properly found 2 that Palm, the plaintiffs’ employer, performed substantial administrative functions relating to the plan, and no one disputed the fact that Palm had prepared the Plan Summary. 3 Thus, the court correctly held that the employer established or maintained the long-term disability plan in question. 4 The court also properly concluded that the plan did not fall within the safe harbor created by 29 G.F.R. § 2510.3-l(j). 5 Finally, ERISA’s savings clause 6 does not remove the state statute under which the plaintiffs brought their claims from ERISA’s preemption clause.

With…

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