Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.