United States DC Circuit

In case involving transfer of funds from insurance company to appellee trust when company converted from mutual life insurance company to a stock life insurance company, and appellants' claim that estate is entitled to benefit from the demutualization, dismissal of complaint is affirmed as: 1) appellants are estopped from arguing that ERISA does not apply to the insurance benefit plan; 2) appellants identify no term of the group contract that entitles the estate to receive the demutualization proceeds; and 3) estate cannot show that appellees breached a fiduciary duty under ERISA.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James M. Pietz argued the cause for appellants.   With him on the briefs were Philip Friedman, Michael P. Malakoff, Marc A. Wites, and Alejandro Perez.


• For Appellees:
  
• Leon Dayan argued the cause for appellees.   With him on the brief were Douglas L. Greenfield and Karen M. Wahle.  Julia P. Clark entered an appearance.