Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation

Eleventh Circuit

Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation

881 F.2d 1034, 1989 U.S. App. LEXIS 12603, 1989 WL 88362

CourtCourt of Appeals for the Eleventh Circuit

DecidedAugust 24, 1989

Docket89-7122

StatusPublished

Cited by9 cases

This text of 881 F.2d 1034 (Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation, 881 F.2d 1034, 1989 U.S. App. LEXIS 12603, 1989 WL 88362 (11th Cir. 1989).

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Opinion

PER CURIAM:

On appeal, appellant argues that the district court erred in granting appellees’ motion for summary judgment. We disagree. Binding case law in this circuit holds that a plaintiff must exhaust administrative remedies before suing under an ERISA plan policy. Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir.1985), cert. denied, 474 U.S. 1087, 106 S.Ct. 863, 88 L.Ed.2d 902 (1986). It is undisputed that appellant failed to pursue the appeal procedures outlined in her employee benefits plan. Therefore, the district court properly granted summary judgment in favor of the appellees due to appellant’s failure to exhaust her administrative remedies.

AFFIRMED.

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PER CURIAM:

On appeal, appellant argues that the district court erred in granting appellees’ motion for summary judgment. We disagree. Binding case law in this circuit holds that a plaintiff must exhaust administrative remedies before suing under an ERISA plan policy. Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir.1985), cert. denied, 474 U.S. 1087, 106 S.Ct. 863, 88 L.Ed.2d 902 (1986). It is undisputed that appellant failed to pursue the appeal procedures outlined in her employee benefits plan. Therefore, the district court properly granted summary judgment in favor of the appellees due to appellant’s failure to exhaust her administrative remedies.

AFFIRMED.

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Bluebook (online)

881 F.2d 1034, 1989 U.S. App. LEXIS 12603, 1989 WL 88362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elizabeth-pauline-merritt-v-confederation-life-insurance-company-etc-ca11-1989.

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