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

Court of Appeals for the Eleventh Circuit·Decided August 24, 1989·No. 89-7122·Published·Cited by 9 cases

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.

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).

Pincite

881 F.2d 1034 (Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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