Forcier v. Forcier

Filing 920061120

Opinion

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var WPFootnote1 = 'Although the policy designated the policyholder (Macromedia)\
as the plan administrator, the district court found that MetLife\
administered all claims and that "all discretionary acts and\
omissions relevant to this action were assigned to, or made by,\
MetLife." Forcier, 406 F. Supp. 2d at 137 n.2. The parties have\
not disputed this finding.\
'

var WPFootnote2 = 'It is clear that Rule 22, and not statutory interpleader,\
governs MetLife\'s application. Statutory interpleader in this case\
would require that the claimants be of diverse citizenship. See 28\
U.S.C. § 1335. Since both Lorraine and Doris were citizens of\
Massachusetts when MetLife initiated the interpleader claims, the\
statute is inapposite.\
'

var WPFootnote3 = 'Due to the unique circumstances of this case, we need not\
decide whether, on a going-forward basis, we will look with favor\
upon interpleader actions brought by insurers who, in the last\
analysis, are seeking to shift their responsibilities to the\
district court without any clear demonstration of a need for\
interpleader relief. Cf. Travelers Indem. Co. v. Israel, 354 F.2d\
488, 490 (2d Cir. 1965) ("We are not impressed with the notion that\
whenever a minor problem arises in the payment of insurance\
policies, insurers may, as a matter of course, transfer a part of\
their ordinary cost of doing business . . . by bringing an action\
for interpleader."). \
'

var WPFootnote4 = 'Even were we to deem Doris\'s belated argument forfeited\
rather than waived, we would find no plain error here. See Cipes,\
439 F.3d at 56 (setting out the elements of plain error review). \
'

var WPFootnote5 = 'There is some authority for the proposition that an insurer\
that interpleads adverse claimants and deposits all the available\
funds in the registry of the court forfeits the discretion formerly\
reserved. See Couch, supra § 61:15. Here, however, neither party\
contends that this sort of forfeiture occurred.\
'

var WPFootnote6 = 'Our standard of review is debatable. Under ordinary\
circumstances, we review the lower court\'s interpretation of the\
language of an ERISA policy or plan de novo. See, e.g., Kennedy,\
358 F.3d at 1299. Here, however, the circumstances are far from\
ordinary; given the discretion inherent in the facility of payment\
clause, a strong argument can be made that review should be for\
abuse of discretion. Cf. Firestone Tire & Rubber Co. v. Bruch, 489\
U.S. 101, 115 (1989) (indicating that a denial of benefits\
challenged under 29 U.S.C. § 1132(a)(1)(B) is to be reviewed for\
abuse of discretion where the plan gives the administrator\
discretionary authority to determine eligibility for benefits). \
Since nothing turns on this distinction — we would affirm the\
decision below under either standard — we leave this conundrum\
unresolved.\
'

var WPFootnote7 = 'To be sure, in the course of its analysis the district court\
erroneously deferred to a "permissive hierarchy" of prospective\
beneficiaries. Forcier, 406 F. Supp. 2d at 146. As to Doris,\
however, this error was harmless; the permissive hierarchy that the\
court employed favored her. \
'

var WPFootnote8 = 'The rule provides in pertinent part that "every final\
judgment shall grant the relief to which the party in whose favor\
it is rendered is entitled, even if the party has not demanded such\
relief in the party\'s pleadings." Fed. R. Civ. P. 54(c). \
'

var WPFootnote9 = 'To the extent that Doris intends to press her allegation that\
Lorraine will violate her fiduciary duty as administrator should\
she accept all or some portion of the insurance proceeds, that\
issue is not yet ripe and, in all events, is for the probate court,\
not this court.\
\
'

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