Mary Ellen Thomason v. Aetna Life 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 plaintiff concedes she cannot establish she provided consideration for the alleged waiver
• unwilling to find waiver where the insurance company misrepresented to the individual that his life insurance policy would be extended at no cost to him because the individual did not pay any consideration for the waiver
• where ERISA is silent, court must develop federal common law and, in so doing, may use state common law as a basis, to the extent that state law is not inconsistent with congres- sional policy concerns
• “The waiver that plaintiff [sought] . . . [wa]s a something-for- nothing kind of waiver whereby [the insurer] will be held to the terms of its misleading representations for no reason other than that it made them.”

Source: CourtListener parenthetical corpus (CC0).