Ready v. Life Insurance Company of North America

Filing 60

MEMORANDUM ORDER. Signed by Magistrate Judge Roy S. Payne on 1/23/2015. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
JANIE READY
v.
LIFE INSURANCE COMPANY OF
NORTH AMERICA

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Case No. 2:12-CV-665-JRG-RSP

MEMORANDUM ORDER
The Court having considered the oral arguments of the parties on May 13, 2014, and
having carefully reviewed the supplemental briefs filed thereafter, finds that the Plaintiff’s
claims in this matter are governed by ERISA. The parties agree that the conversion policy itself
is not governed by ERISA, as established by the cases cited by Plaintiff. Shelton v. Standard
Insurance Co., No. 07–6030, 2008 WL 2067024 (E.D.La. May 14, 2008); Owens v. UNUM Life
Ins. Co., 285 F.Supp.2d 778 (E.D. Tex. 2003). However, the dispute in this case is not whether
benefits are owed under the conversion policy, but whether that policy was issued on a timely

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application. That issue involves the terms of the group benefit plan, which is clearly subject to
ERISA. Following the holdings of Gabner v. Metro. Life Ins. Co., 938 F.Supp. 1295, 1302 (E.D.
Tex. 1996) and Yong Ok Sankey v. Metro. Life Ins. Co., 2012 WL 2338964 (E.D.La. 2012), the
Court finds that whether the application for the conversion policy was timely under the group
plan is a determination governed by the provisions of ERISA.
Accordingly, the parties are directed to meet and confer and file a Joint Report within 10
days reflecting their positions and agreements regarding the appropriate schedule for submission
of this matter to the Court under ERISA, preserving to Plaintiff her objection to this ruling.
SIGNED this 3rd day of January, 2012.

SIGNED this 23rd day of January, 2015.

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ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE