Oklahoma ERISA Law
 
Randall Silver v. Christine Annette Slusher

¶1 The dispositive issue is whether the terms of 36 O.S. 1981 § 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection. We answer in the negative.

¶2 Randall and Mikala Silver [insureds or the Silvers] were named insureds of an automobile ins... More...
   $0 (02-28-1989 - OK)

David Bruce McDermott v. Sentry Life Insurance Company, Inc. and Steven A. Marzett

¶1 We review this matter on reassignment from the Oklahoma Supreme Court pursuant to its order of April 12, 1999, vacating our opinion issued June 9, 1998, and directing us to reconsider this cause based upon the full trial court record and additional briefs submitted since the date of our opinion. Based on reconsideration of the record, the parties' briefs, the amicus brief submitted by the Unite... More...   $0 (01-24-2001 - OK)

James R. Rodgers v. Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust

Tulsa County Oklahoma Courthouse



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Tulsa, OK - James R. Rodgers sued Healthcare Solutions Group, Inc. and Tulsa Firefighters Health & Welfare Trust claiming that defendants ... More...
   $1 (04-04-2017 - OK)

Steven Watley v. Kelly Corn

Oklahoma City, OK - Steven Hatley and Shavon McNack-Watley, parents and next friends of SW, Jr., a minor, sued Kelly Corn on a negligence theory claiming:

1. On or about April 5, 2015 in Oklahoma County, Oklahoma, the minor, S.W., Jr., was involved in a automobile accident wherein S.W., Jr. allegedly sustained injury. As a result of the automobile accident, the minor and the minors parent... More...
   $100000 (09-23-2015 - OK)

James Ray Davis v. State of Oregon

Plaintiff sought damages first in federal court, then in state court, because 2 the state prolonged his incarceration by improperly calculating his release date from 3 prison.1 The federal court dismissed claims under state law for lack of jurisdiction and 4 denied claims under federal law on their merits. Plaintiff then filed this action in state 5 court, renewing tort claims under state law. The... More...   $0 (11-26-2014 - OK)

Jennifer Davids and Richard Shane Davis v. Lauren Larae Roy

On July 23, 2010, Plaintiffs were injured in an automobile accident caused by the negligence of the Defendant.

On October 31, 2011, the Plaintiffs filed a Petition in the District Court, Tulsa County, Oklahoma against Defendant.

Plaintiffs retained counsel on a 45% contingency fee contract to make all claims and effectual all recoverieds resulting from the injuries.

Plai... More...
   $70000 (10-17-2014 - OK)

United Food and Commercial Workers Union Local 880 v. Chesapeake Energy Corporation

In 2008 Chesapeake Energy Corporation was one of the largest producers of
natural gas in the United States, with thousands of wells in several states. By early July
of that year the price of natural gas had risen to its highest level since the end of 2005 and
Chesapeake’s stock price had risen about 50% in the prior six months. Against that
background, on July 9, 2008, Chesapeake... More...
   $0 (11-12-2014 - ok)

Richard Salzer v. SSM Health Care of Oklahoma, Inc.

Richard Salzer sued SSM Health Care of Oklahoma, Inc. (“SSM”), alleging
breach of contract and other state law claims based on SSM’s attempt to collect payment
for medical care from Salzer instead of his health insurance company. SSM removed the
case to federal district court. Salzer challenges the district court’s denial of his motion to
remand based on its determination t... More...
   $0 (08-06-2014 - OK)

Patrick Garrett v. Principal Life Insurance

This is an appeal by defendant Principal Life Insurance Company (Principal) from the district court’s orders that reversed Principal’s decision to deny plaintiff Patrick Garrett’s claim for medical benefits and awarded Mr. Garrett the full amount of his claim. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

- 2 -

Background

Mr. Garrett has been insured since 199... More...
   $0 (02-18-2014 - OK)

Margie Fite v. Bayer Corporation

Margie Fite appeals the district court’s grant of summary judgment to defendants-appellees (collectively, “Bayer”) on her ERISA1 claim for denial of

- 2 -

short-term disability (STD) benefits under Bayer’s Disability Plan (the Plan). The district court determined that Bayer did not abuse its discretion when it concluded that Ms. Fite’s depression and anxiety constituted wer... More...
   $0 (02-04-2014 - OK)

Tulsa Specialty Hospital LLC DBA Kindred Hospital Tulsa v. Boilermakers National Health and Welfare Fund

Tulsa Specialty Hospital LLC DBA Kindred Hospital Tulsa sued Boilermakers National Health and Welfare Fund on a fraud theory claiming:

1. This action arises out of the Fund’s misrepresentations to Kindred Hospital regarding the availability of insurance coverage for one of Kindred Hospital’s patients.

2. In reliance on the Fund’s verification of coverage and pre-authorization o... More...
   $0 (10-25-2013 - OK)

Hobby Lobby Stores, Inc. v. Kathleen Sebelius

This case requires us to determine whether the Religious Freedom Restoration Act and the Free Exercise Clause protect the plaintiffs—two companies and their owners who run their businesses to reflect their religious values. The companies are Hobby Lobby, a craft store chain, and Mardel, a Christian bookstore chain. Their owners, the Greens, run both companies as closely held family businesses an... More...   $0 (06-27-2013 - OK)

Stephen Goodell v. Dallas Miller

Stephen Goodell and Melissa Goodell sued Dallas Miller on auto negligence theories claiming:

I. All acts or omissions complained of occurred within Tulsa County, State of Oklahoma. Jurisdiction and venue are therefore proper in this court.

II. On or about April 23, 2012, Defendant Miller negligently operated his motor vehicle causing it to collide with the motor vehicle driven by Pla... More...
   $0 (06-08-2013 - OK)

Angela Edwards v. Ardent Health Service, LLC

1 This case arises from a medical negligence suit filed by Plaintiff/Appellee, Angela Edwards, individually, and on behalf of her husband, Johnny G. Edwards, an incapacitated person (Edwards). Ultimately, the underlying lawsuit was settled and Edwards sought court approval of the settlement. Defendant/Appellant, Oklahoma Health Care Authority (OHCA), objected to the settlement on the basis that Pl... More...   $0 (10-22-2010 - OK)

William Foster v. PPG Industries, Inc.

Plaintiff-Appellant William Foster (“Foster”) sued his former employer, Defendant-Appellee PPG Industries, Inc. (“PPG”), and Defendant-Appellee the PPG Industries Employee Savings Plan (the “Plan”) (collectively, “Defendants”) under the Employee Retirement Income Security Act (“ERISA”) to recover Plan benefits allegedly due him after Foster’s ex-wife fraudulently withdrew Fos... More...   $0 (09-05-2012 - OK)

REEDS v. WALKER

¶1 The dispositive issues presented in these consolidated proceedings are: (1) Do Oklahoma courts have subject matter jurisdiction over an ERISA fiduciary's claim for damages for breach of the subrogation/reimbursement provision of an ERISA-regulated employee benefit plan? and if so, (2) Was plaintiff entitled to summary relief? We answer the first question in the affirmative and the second in th... More...   $0 (06-20-2006 - OK)

Angela Edwards v. Ardent Health Services, L.L.C.

¶1 This case arises from a medical negligence suit filed by Plaintiff/Appellee, Angela Edwards, individually, and on behalf of her husband, Johnny G. Edwards, an incapacitated person (Edwards). Ultimately, the underlying lawsuit was settled and Edwards sought court approval of the settlement. Defendant/Appellant, Oklahoma Health Care Authority (OHCA), objected to the settlement on the basis that ... More...   $0 (10-22-2010 - OK)

Fred Flores v. Monumental Life Insurance Company

In this diversity case, Plaintiff Fred Flores appeals the district court’s grant of summary judgment to Defendant Monumental Life Insurance Company on Plaintiff’s claims of breach of contract, bad faith, and negligence per se.

BACKGROUND

Plaintiff Fred Flores and his wife, Sandra Flores, had two accidental death insurance certificates issued by Defendant, one certificate effe... More...
   $0 (09-27-2010 - OK)

Suzanne Russell v. Chase Investment Services Corp.

Suzanne Russell appeals the district court’s dismissal of her complaint alleging that Chase Investment Services Corp. (Chase) violated its fiduciary duties to her under the Employee Retirement Income Security Act (ERISA). The court ruled that the complaint failed to state a claim and, alternatively, that the case was barred by the statute of limitations. We take jurisdiction under 28 U.S.C. § 1... More...   $0 (06-28-2010 - OK)

Shirley A. Graham v. Hartord Life & Accident Insurance Company

Plaintiff-Appellant Shirley Graham appeals the district court’s adjudication of her claim for disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. She raises three issues on appeal: (1) whether the district court properly determined that her disability benefits plan with Defendant-Appellee Hartford Life & Accident Insurance Co. (“Hart... More...   $0 (12-29-2009 - OK)

Capron & Edwards, P.C. v. Holden & Carr, P.C.

Capron & Edwards, P.C., appeals from the district court’s grant of summary judgment in favor of Holden & Carr, P.C., enforcing its attorney’s lien and adopting its interpretation of a fee agreement. We conclude Capron & Edwards has standing to appeal and the district court’s exercise of supplemental jurisdiction was proper, but reverse because the court erred in interpreting the fee agreemen... More...   $0 (05-21-2009 - OK)

Vickie Waugh f/k/a Vickie Mays v. The Williams Companies, Inc. Long Term Disability Plan

Vickie Waugh, previously employed by The Williams Companies, Inc. (TWC), appeals the district court’s order upholding the decision of the administrator of TWC’s Long-Term Disability Plan (Plan) to terminate her benefits. She also appeals the court’s denial of her motion for new trial. Ms. Waugh argues that the district court failed to appreciate and apply the full import of the Supreme Court... More...   $0 (04-23-2009 - OK)

AG Equipment Company, Suzanne Ash Kurtz v. AIG Life Insurance Company, Mark Heidenreiter

Plaintiff, a Broken Arrow company, AG Equipment, Inc., alleged that AIG Life Insurance Company (through its claims handling unit, Medical Excess, Inc.) breached its contract and acted in bad faith by refusing to pay on a claim made by AG Equipment in the amount of $467,775.89 for cancer treatment for its in-house counsel. AG Equipment Company contracted with AIG Life to provide stop loss coverage ... More...   $0 (03-29-2009 - OK)

In re the Marriage of Ellyn Diane Elliott v. James E. Elliott

¶1 Respondent/Appellant, James Lee Elliott (Husband), seeks review of a qualified domestic relations order (QDRO) entered by the trial court to effectuate the property division in the decree dissolving Husband's marriage to Petitioner/Appellee, Ellyn Diane Elliott (Wife). We affirm, holding the QDRO did not alter the property division.

¶2 The decree provided in relevant part:

(PBGC... More...
   $0 (01-12-2009 - OK)

Geral R. Brown v. Hartford Life Insurance Company

The Hartford Life Insurance Company (Hartford) terminated Geral R. Brown’s long term disability benefits. He sued Hartford under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132 (ERISA). The district court upheld Hartford’s termination of his benefits. He appeals. We reverse and remand for further proceedings.

BACKGROUND

FedEx Freight East, Inc. (FedEx) empl... More...
   $0 (12-05-2008 - OK)

Larry Weber v. GE Group Life Assurance Company

Defendant-Appellant General Electric Group Life Assurance Company (“GE”) appeals from a summary judgment order obligating it to pay death benefits to Plaintiff-Appellee Larry Weber, the widower of Shelley Clark Weber. GE, the administrator and fiduciary of group insurance plans available to the employees of Winner Communications, Inc. (“Winner”), including Mrs. Weber, argues that Mrs. Webe... More...   $0 (09-15-2008 - OK)

Shirely A. Graham v. Hartford Life and Accident Insurance Company

Plaintiff-Appellant Shirley A. Graham brought suit after she was denied long-term disability benefits under a plan administered by Defendant-Appellee Hartford Life & Accident Insurance Company ("Hartford"). The District Court for the Northern District of Oklahoma concluded that Hartford's denial of Graham's claim violated the Employment Retirement Income Security Act (ERISA) because Hartford'... More...   $0 (08-30-2007 - OK)

Kurt Anthony Bishop v. Long Term Disability Income Plan of SAP America, Inc., et al.

Kurt Bishop worked as a technology consultant for SAP America, Inc. ("SAP") and participated in SAP's Long Term Disability Income Plan ("the Plan"). Life Insurance Co. of North America, Inc. ("LINA") both insures and administers the Plan. After LINA terminated Bishop's long-term disability benefits and upheld termination in an administrative appeal, Bishop challenged its decision in federal dis... More...   $0 (05-17-2007 - OK)

Kurt Anthony Bishop v. Long Term Disability Income Plan of SAP America, Inc., et al.

Kurt Bishop worked as a technology consultant for SAP America, Inc. ("SAP") and participated in SAP's Long Term Disability Income Plan ("the Plan"). Life Insurance Co. of North America, Inc. ("LINA") both insures and administers the Plan. After LINA terminated Bishop's long-term disability benefits and upheld termination in an administrative appeal, Bishop challenged its decision in federal distri... More...   $0 (05-08-2007 - OK)

Bonnie Meraou v. The Williams Company Long Term Disability

Bonnie Meraou appeals the district court's January 20, 2006, judgment affirming the decision by the Administrative Committee of The Williams Company ("TWC") Long-Term Disability Plan (the "Plan") terminating Ms. Meraou's long-term-disability (LTD) benefits under the Plan. We exercise jurisdiction under 28 U.S.C. § 1291, and affirm.

I. Background

Ms. Meraou was hired by TWC in 1987 ... More...   $0 (02-12-2007 - OK)

James D. Lond and Linda Still Well-Lind v. Aetna Health, Inc.

The Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, can be a fruitless and thorny ground for plaintiffs, and many seek to avoid it entirely by bringing their insurance claims under state law. The Supreme Court has increasingly circumscribed such state-law claims, however, finding the pre-emptive sweep of ERISA to be so "extraordinary" that it bars all claims of close relation... More...   $0 (11-03-2006 - OK)

Nelson, et al. v. Williams Companies, et al.

ERISA class action claim against Williams Companies, Inc. which claimed that Williams misled participants in its 401(k) retirement plan about the financial conditions of Williams and its former telecommunications unit, Williams Communications Group, Inc. The plaintiffs claimed that Williams breached its fiduciary duty to them and exposed them to unreasonable risk. Williams Communications file... More...   $57600000 (09-29-2005 - OK)

Zeda Simpson v. T.D. Williamson, Inc.

The Consolidated Omnibus Budget Reconciliation Act, 29 U.S.C. §§ 1161-68 (COBRA), an amendment to ERISA, authorizes a qualified beneficiary of an employer's group health insurance plan to maintain coverage when she might otherwise lose coverage upon the occurrence of a "qualifying event." See id. § 1161(a); Geissal v. Moore Med. Corp., 524 U.S. 74, 76 (1998). A "qualifying event" requires the h... More...   $0 (07-12-2005 - OK)

BANK OF TULSA v. T.H. RUSSELL, et al.

�1 Defendants appeal from the trial court's order which granted summary judgment for Plaintiff in this action to determine a security interest in an employee profit sharing plan and trust. Having reviewed the record and applicable law, we reverse.

�2 Bank of Tulsa instituted this action against Defendants as the Trustees of the T.H. Russell Profit Sharing Pl... More...   $0 (07-21-1987 - OK)

Peggy I. Allison v. UNUM Life Insurance Company of America.

Peggy Allison challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan.

Ms. Allison suffers from multiple endocrine neoplasia type I (MEN-I syndrome), a relatively uncommon inherited disease that often causes overactivity and enlargement of certain endocrine glands, including the parathyroid and the pancreas. ... More...   $0 (08-25-2004 - OK)

James R. Millsap, et al. v. McDonald Douglas Corporation

Section 510 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA), proscribes interference with a participant's rights under a qualified benefit plan. Section 502(a)(3) of ERISA provides the plan participant with his exclusive remedies for a § 510 violation. Under § 502(a)(3), the participant may bring a civil action to (1) enjoin any act or practice which viola... More...   $0 (05-24-2004 - OK)

SHIRLEY O. FOUGHT v. UNUM LIFE INSURANCE COMPANY OF AMERICA

Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan. A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "caused,... More...   $0 (02-15-2004 - OK)

Rod Hollaway, M.D. v. UNUM Life Insurance Company of America

Does Oklahoma's cause of action for breach of the implied covenant of good faith and fair dealing allowing for recovery of consequential and (when appropriate) punitive damages, as adopted in Christian v. American Home Assurance Co., 1977 OK 141, 577 P.2d 899, apply only to contracts of insurance such that it can be said to "regulate insurance" as that term is used in Pilot Life Ins. Co. v. Ded... More...   $0 (11-10-2003 - OK)

Cathy J. Horn v. Cendant Operations, Inc., et al.

Ms. Horn worked full-time as a customer service representative for Avis Rent A Car Systems, Inc. in Tulsa, Oklahoma. On January 1, 1999, certain operations of Avis, including the division in which she was employed, were acquired by and merged into Cendant. In October 1998, in preparation for the merger, Linda Dovers, the Tulsa Administrative Manager of Human Resources, attended a benefits pres... More...   $0 (07-08-2003 - OK)

June Herbst v. Expanets of Oklahoma, Inc.

Employment discrimination claim - 42 U.S.C. 2000e - Plaintiff originally made claims for sex and age discrimination, breach of contract, public policy discharge, ERISA violations and FMLA retaliation. All were either dismissed or abandoned and the case went to trial on age discrimination only. ... More...   $1 (02-14-2003 - OK)

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