A.J., et al v. UNUM, et al

Court: U.S. 8th Circuit Court of Appeals

Docket: 11-3578

Opinion Date: October 19, 2012

Judge: Per curiam

Areas of Law: ERISA, Family Law, Insurance Law

Decedent, father of plaintiffs, died without naming a beneficiary of his Unum life insurance. Plaintiffs sued Unum, asserting a breach of the policy and an Employee Retirement Income Security Act, 29 U.S.C. 1002 et seq., violation. The district court concluded that they lacked standing and dismissed the suit. The court concluded that the estate’s decision not to appeal precluded the children from having a reasonable or colorable claim to benefits. Because plaintiffs could not become entitled to benefits, the court held that the district court properly dismissed the case.

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