Kevin Wilcox v. Dearborn Insurance Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 13 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN WILCOX, No. 23-55484

Plaintiff-Appellant, D.C. No. 2:21-cv-04605-JLS-JC v.

DEARBORN INSURANCE COMPANY; MEMORANDUM*

AMGEN, INC. LIFE INSURANCE PLAN,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Josephine L. Staton, District Judge, Presiding

Submitted May 9, 2024** Pasadena, California

Before: TALLMAN, FORREST, and BUMATAY, Circuit Judges.

Plaintiff-Appellant Kevin Wilcox was denied the waiver-of-premium benefit

provided to disabled participants under his life insurance plan, which is insured by

Defendant-Appellant Dearborn Insurance Company. Wilcox sued Dearborn to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). recover benefits under the Employee Retirement…