Suarez v. Food Lion, Inc.

398 S.E.2d 60, 100 N.C. App. 700, 1990 N.C. App. LEXIS 1165
CourtCourt of Appeals of North Carolina
DecidedDecember 4, 1990
DocketNo. 9019SC166
StatusPublished
Cited by2 cases

This text of 398 S.E.2d 60 (Suarez v. Food Lion, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Suarez v. Food Lion, Inc., 398 S.E.2d 60, 100 N.C. App. 700, 1990 N.C. App. LEXIS 1165 (N.C. Ct. App. 1990).

Opinion

ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting summary judgment to defendant. For the reasons below, we hold that the trial court did not err.

Under N.C. Gen. Stat. § 1A-1, Rule 56(c) (1983), a motion for summary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” This remedy permits the trial court to decide whether a genuine issue of material fact exists; it does not allow the court to decide an issue of fact. Sauls v. Charlotte Liberty Mut. Ins. Co., 62 N.C. App. 533, 535, 303 S.E.2d 358, 360 (1983) (citations omitted).

In a summary judgment proceeding, the trial court must view all evidence presented in the light most favorable to the nonmoving party and determine if there is a triable material issue of fact. Land-of-Sky Regional Council v. Co. of Henderson, 78 N.C. App. 85, 336 S.E.2d 653 (1985), disc. review denied, 316 N.C. 553, 344 S.E.2d 7 (1986); Walker v. Westinghouse Electric Corp., 77 N.C. App. 253, 335 S.E.2d 79 (1985), disc. review denied, 315 N.C. 597, 341 S.E.2d 39 (1986). A defendant is entitled to summary judgment if he establishes that no claim for relief exists or that the plaintiff cannot overcome an affirmative defense. Rolling Fashion Mart, Inc. v. Mainor, 80 N.C. App. 213, 341 S.E.2d 61 (1986).

With these general principles in mind, we turn to the facts in the case before us. The evidence, in the light most favorable to plaintiff, establishes the following.

Plaintiffs deceased husband, Fernando Suarez, was in defendant’s employ from 1982 until the time of his death on 17 June 1986. As defendant’s employee, Suarez received group life insurance. On 8 March 1982, Suarez submitted his life insurance application to defendant’s insurance carrier and designated his mother as beneficiary of the policy.

In August 1985, Suarez and plaintiff married. Suarez wanted to change the beneficiary of his life insurance from his mother to plaintiff and obtained a change of beneficiary form from defendant in August 1985. The instructions for making such change were included in an employee benefit booklet. Plaintiff acknowledged [703]*703that she and Suarez kept the booklet with their valuable papers but had never read it. The bottom of the change of beneficiary form contained a line for the signature of the insured, to effect a change of beneficiary. Plaintiff signed the form instead of Suarez.

In March 1986, Suarez was admitted to a hospital and diagnosed as having a brain tumor. Two days later, he lapsed into a coma and died on 17 June 1986. Plaintiff contacted defendant after her husband lapsed into the coma and was assured by one of defendant’s employees that she was the properly designated beneficiary of her husband’s life insurance benefits.

Immediately following Suarez’s death, both plaintiff and Suarez’s mother filed claims for the insurance proceeds. The insurance carrier, Provident Life and Accident Insurance Company (hereinafter Provident), deposited the proceeds with the United States District Court for the Middle District of North Carolina and filed an action as an interpleader under Rule 22 of the Federal Rules of Civil Procedure. The U.S. District Court found the change of beneficiary form to be ineffective because Suarez did not sign it, and held that Suarez’s mother was entitled to receive the proceeds. Plaintiff appealed, and the Fourth Circuit affirmed the lower court’s decision.

Plaintiff then filed this action in state court seeking damages from defendant for negligence. The trial court dismissed the original complaint on the grounds that it was preempted by ERISA, and granted plaintiff leave to amend. Plaintiff filed an amended complaint against defendant under ERISA for breach of fiduciary duty.

Plaintiff claims that defendant breached its fiduciary duty when its employee assured her (erroneously) that she was the properly designated beneficiary under Suarez’s group life insurance plan. Plaintiff further argues that had she been properly advised by defendant, she could have reformed the beneficiary designation. We find no merit to plaintiff’s arguments and therefore affirm summary judgment.

ERISA Claim

Under 29 U.S.C.A. § 1132(a)(2) (1985), a participant or beneficiary may bring a civil claim against an employer for breach of fiduciary duty under § 1109. Section 1109 states:

(a) Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties [704]*704imposed upon fiduciaries by this subchapter shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary.

29 U.S.C.A. § 1109 (1985).

The United States Supreme Court construed the above statute to apply when a fiduciary breaches its duties imposed by ERISA. Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134, 87 L.Ed.2d 96, 105 S.Ct. 3085 (1985). Under the statute, the fiduciary is liable only to the plan and not to an individual. Id. The Supreme Court held that a plan participant or beneficiary does not have a claim against a fiduciary for extracontractual compensatory or punitive damages resulting from improper or untimely processing of ERISA benefit claims, because recovery applies to the benefit of the plan as a whole and not to an individual beneficiary. Id. The Court reasoned:

But when the entire section [1109] is examined, the emphasis on the relationship between the fiduciary and the plan as an entity becomes apparent. Thus, not only is the relevant fiduciary relationship characterized at the outset as one ‘with respect to a plan,’ but the potential personal liability of the fiduciary is ‘to make good to such plan any losses to the plan . . . and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan . . . .’ [Footnote omitted.]

Id. at 140, 87 L.Ed.2d at 102, 105 S.Ct. at 3089 (emphases added).

The Supreme Court further explained that while the “fiduciary obligations of plan administrators are to serve the interest of participants and beneficiaries ...[,] the principal statutory duties imposed on the trustees relate to the proper management, administration, and investment of fund assets, the maintenance of proper records, . . .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sudds v. Gillian
568 S.E.2d 214 (Court of Appeals of North Carolina, 2002)
Adams v. Jefferson-Pilot Life Insurance
558 S.E.2d 504 (Court of Appeals of North Carolina, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
398 S.E.2d 60, 100 N.C. App. 700, 1990 N.C. App. LEXIS 1165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suarez-v-food-lion-inc-ncctapp-1990.