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Yarde v. Pan American Life Ins

United States Court of Appeals, Fourth Circuit
Sep 12, 1995
67 F.3d 298 (4th Cir. 1995)
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Summary

finding derivative standing for life insurance benefit and stating that "[w]e find no principled way to distinguish between the health care provider who stands in the shoes of a plan participant or beneficiary and Yarde who, for purposes of the $8,000 death benefit, stands in the shoes of his mother."

Summary of this case from Total Renal Care of North Carolina v. Fresh Market
See 8 Summaries

Opinion

Nos. 94-1167, 94-1312.

September 12, 1995.

D.S.C., 840 F.Supp. 406.

DECISIONS WITHOUT PUBLISHED OPINIONS

AFFIRMED IN PART, REVERSED IN PART.

Summaries of

Yarde v. Pan American Life Ins

United States Court of Appeals, Fourth Circuit
Sep 12, 1995
67 F.3d 298 (4th Cir. 1995)

finding derivative standing for life insurance benefit and stating that "[w]e find no principled way to distinguish between the health care provider who stands in the shoes of a plan participant or beneficiary and Yarde who, for purposes of the $8,000 death benefit, stands in the shoes of his mother."

Summary of this case from Total Renal Care of North Carolina v. Fresh Market

affirming conviction

Summary of this case from United States v. Nance

affirming conviction

Summary of this case from United States v. Nance

stating that defendant's claims were "waived due to his failure to raise these claims on direct appeal and his inability to show cause for this failure"

Summary of this case from United States v. Garrett

applying derivative standing doctrine so as to adhere to ERISA's fundamental aim of protecting the interests of plan participants and their beneficiaries

Summary of this case from Alderman ex rel. Alderman v. Cent. Pension Fund of the Int'l Union of Operating Eng'rs & Participating Emp'rs

applying derivative standing doctrine so as to adhere to ERISA's fundamental aim of protecting the interests of plan participants and their beneficiaries and stating that "[a]n insurance company should not be allowed to deny . . . benefits merely because the participant an beneficiary of the health plan have died"

Summary of this case from Clarke v. Ford Motor Company

In Yarde, the Fourth Circuit held that the sole heir of a deceased participant's deceased beneficiary had derivative standing to pursue a § 1132(a)(1)(B) ERISA claim, because, although no specific assignment had been made between the beneficiary and the heir, the heir stood in the beneficiary's shoes for the purposes of pursuing the claim.

Summary of this case from Gustafson v. Kennametal, Inc.

treating participant's estate as an assignee to establish standing under derivative standing doctrine

Summary of this case from Sanders v. Soc. for Performance Improv
Case details for

Yarde v. Pan American Life Ins

Case Details

Full title:Yarde v. Pan American Life Ins

Court:United States Court of Appeals, Fourth Circuit

Date published: Sep 12, 1995

Citations

67 F.3d 298 (4th Cir. 1995)

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