United States First Circuit

Judgment for defendant-corporation in an ERISA suit for supplemental life insurance proceeds by the heir of a decedent who died before the defendant could furnish him with the forms to elect supplemental coverage is affirmed over plaintiffs' arguments that: 1) subordinate employees made a valid and binding election on behalf of decedent which cannot be undone; 2) the company is estopped from denying the election; 3) defendant was responsible for any failure by decedent to elect coverage; and 4) the district court should have found a breach of fiduciary duty by defendant.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Matthew T. Oliverio with whom Raymond A. Marcaccio, Christine M. Curley and Oliverio & Marcaccio LLP were on brief for appellants., Adriene K. Dwyer, U.S. Department of Labor, Plan Benefits Security Division, with whom Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, and Karen L. Handorf, Counsel for Appellate and Special Litigation, were on brief for Elaine L. Chao, Secretary of the United States Department of Labor, Amicus Curiae.


• For Appellees:
  
• Neal J. McNamara with whom Nixon Peabody LLP was on brief for appellees.