Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation
Elizabeth Pauline MERRITT, Plaintiff-Appellant, v. CONFEDERATION LIFE INSURANCE COMPANY, Etc., and Volvo North American Corporation, Defendants-Appellees
Summary
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Opinion
PER CURIAM:
On appeal, appellant argues that the district court erred in granting appellees’ motion for summary judgment. We disagree. Binding case law in this circuit holds that a plaintiff must exhaust administrative remedies before suing under an ERISA plan policy.
Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir.1985), cert. denied, 474 U.S. 1087 , 106 S.Ct. 863 , 88 L.Ed.2d 902 (1986). It is undisputed that appellant failed to pursue the appeal procedures outlined in her employee benefits plan. Therefore, the district court properly granted summary judgment in favor of the appellees due to appellant’s failure to exhaust her administrative remedies.
AFFIRMED.
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Cited by 9 cases
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