Chorosevic v. MetLife Choices, 09-1880
In an ERISA class action alleging that defendants improperly calculated secondary health benefits owed to plaintiffs, summary judgment for defendants and the denial of class certification are affirmed where: 1) plaintiffs failed to exhaust their remedies with defendant-insurer because they did not appeal or even reference the claims they filed in the present lawsuit; 2) defendants complied with "reasonable claims procedures" in denying benefits; and 3) plaintiff failed to show that demand would have been futile.
- Submitted 12/15/2009
- Decided 04/02/2010
- Published 04/02/2010
- MELLOY, Circuit Judge., Before RILEY, Chief Judge,WOLLMAN, and MELLOY, Circuit Judges.
- United States Eighth Circuit
- For Appellant:
- Paul Timothy Slocomb, argued, St. Louis, MO, for Appellant.
- For Appellees:
- Stanley G. Schroeder, argued, St. Louis, MO, Charles H. Morgan, St. Louis, MO, James K. Gardner, Athanasios Papadopoulos, John J. Scharkey, Chicago, IL, on the brief, for Appellee.