· 3/2/1987
Transamerica Occidental Life Insurance Company, a Corporation, Plaintiff v. Linda Ann Digregorio
Citations
- 811 F.2d 1249
- 8 Employee Benefits Cas. (BNA) 1675
- 1987 U.S. App. LEXIS 2749
- 55 U.S.L.W. 2488
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court lacked jurisdiction under ERISA, had discretionary jurisdiction under the Declaratory Judgment Act, but was permitted to abstain under Brillhart
- holding that an insurance company’s declaratory judgment action presented a legal claim where the underlying controversy was a beneficiary’s contractual claim for double indemnity benefits under a life insurance policy covered by ERISA
- declaratory judgment action by ERISA insurer to establish that its policy did not provide double indemnity to a particular insured was not a suit to “enforce” the terms of the plan
- “[T]o ascertain the presence of federal jurisdiction in a declaratory judgment action, it is necessary to determine whether the defendant against whom declaratory judgment is sought could have asserted his rights in a federal court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sneed, Kennedy, Beezer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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