Dorothy T. Makar Anthony L. Makar, Her Husband v. Health Care Corporation of the Mid-Atlantic (Carefirst) Provident Life & Accident Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that one “value of ERISA’s internal claims procedures” is guaranteeing a “factual record to assist” in review or appeals
• vacating order entering judgment for defendants and ordering dismissal without prejudice to allow plaintiffs to exhaust plan remedies.
• dismissing plaintiffs’ common law claims against employee benefit plans as preempted without prejudice to plaintiffs pursuing plan remedies
• remanding the case to the district court with instructions to dismiss without prejudice plaintiffs’ ERISA action to allow plaintiffs the opportunity to pursue their remedies under the plan
• “This exhaustion requirement rests upon the Act’s text and structure as well as the strong federal interest encouraging private resolution of ERISA disputes.”
• “This exhaustion requirement rests upon the Act’s text and structure as well as the strong federal interest encouraging private resolution of ERISA disputes.”

Source: CourtListener parenthetical corpus (CC0).