Tucker v. Continental Assurance Company

2 Citing cases

  1. Potts v. CitiFinancial, Inc.

    Civil Case No. 11-cv-02177-REB-BNB (D. Colo. Dec. 2, 2011)

    Here again, had defendants seen fit to provide the court with a copy of the actual plan documents, this element might easily have been proven or disproven. Cf. Gaylor, 112 F.3d at 464 (noting that "the procedures for receiving benefits are detailed in the informational booklets provided to . . . employees"); Tucker v. Continental Assurance Co., 2006 WL 406591 at *2 (N.D. Okla. Feb. 17, 2006) (finding this element established where defendant submitted benefits information documents as exhibits to motion to dismiss); Brooks v. Guardian Life Insurance Co. of America, 995 F.Supp. 1171, 1173 (D. Kan. 1998) (procedures for receiving benefits outlined in literature disseminated to employees).

  2. Carter v. Guardian Life Insurance Company of America

    Civil No. 11-3-ART (E.D. Ky. May. 18, 2011)   Cited 2 times

    As for the source of financing: Carter has not disputed Guardian's claim that the reference to insurance on the plan's Certificate of Coverage page evidences that an insurance policy was the source of funding. See, R. 1, Attach. 2 at 3; Tucker v. Cont'l Assurance Co., No. 05-345, 2006 WL 406591, at *2 (N.D. Okla. Feb. 17, 2006) ("The source of financing is the group life insurance[.]"). Looking beyond that plan to the "surrounding circumstances," the text of Guardian's actual insurance policy reveals that the employer, Music-Carter, paid premiums to finance the plan, R. 14, Attach. 2 at 20 — a fact seemingly acknowledged by the complaint's reference to premiums, R. 1, Attach. 1 at 4. So Music-Carter's plan also satisfied the second requirement in the Sixth Circuit's test. (3) Third, Music-Carter "established or maintained" this plan with the "intent of providing benefits to its employees."