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Berberet v. Employee Benefit Mgt.

United States Court of Appeals, Ninth Circuit
Aug 20, 2009
331 F. App'x 546 (9th Cir. 2009)

Opinion

No. 08-35566.

Submitted August 7, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 20, 2009.

Torger S. Oaas, Esquire, Lewiston, MT, for Plaintiff-Appellant.

James M. Ragain, Ragain Christensen Fulton Filz, PLLC, Billings, MT, for Defendants-Appellees.

Appeal from the United States District Court for the District of Montana, Sam E. Haddon, District Judge, Presiding. D.C. No. 4:07-CV-00095-SEH.

Before PREGERSON, NOONAN and BEA, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Kathy Berberet ("Berberet") had standing under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. ("ERISA"), to sue on behalf of the estate of Steven Berberet, M.D. ("Dr. Berberet"), seeking reimbursement for health care expenses from Associated Employers of Montana ("AEM"), the sponsor of Dr. Berberet's health insurance plan.

Because Berberet claimed a right to reimbursement for medical expenses incurred while Dr. Berberet was an employee enrolled in AEM's health plan, she had a "colorable claim to accrued or vested benefits under the plan" and thus had standing under ERISA. See Burrey v. Pacific Gas Electric Co., 159 F.3d 388, 394-95 (9th Cir. 1998); see also Vaughn v. Bay Envtl. Mgmt, Inc., 567 F.3d 1021, 1029 (9th Cir. 2009) ("[I]t is apparent that all the Court meant [by "vested benefits"] was that the former employee had to have an entitlement . . . to greater benefits than he received.").

Because Berberet had standing under ERISA, the district court correctly denied Berberet's motion to remand.

AFFIRMED.


Summaries of

Berberet v. Employee Benefit Mgt.

United States Court of Appeals, Ninth Circuit
Aug 20, 2009
331 F. App'x 546 (9th Cir. 2009)
Case details for

Berberet v. Employee Benefit Mgt.

Case Details

Full title:Kathy BERBERET, Individually and as Personal Representative of the Estate…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2009

Citations

331 F. App'x 546 (9th Cir. 2009)