United States First Circuit

Dismissal of plaintiff-insurance company's suit, seeking judicial declaration that defendant was not covered under its Employee Security Plan, is reversed where ERISA governs the defendant's disability claim, providing a proper ground for subject matter jurisdiction.

Appellate Information

• Decided 08/30/2004
• Published 08/30/2004

Judges

• CYR, Senior Circuit Judge., Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph M. Hamilton, with whom Kristina H. Allaire, and Mirick, O'Connell, DeMallie & Lougee, LLP were on brief for appellant.


• For Appellees:
  
• Ann L. Palmieri, with whom Law Office of Ann L. Palmieri was on brief for appellee.