finding derivative standing for life insurance benefit and stating that "[w]e find no principled way to distinguish between the health care provider who stands in the shoes of a plan participant or beneficiary and Yarde who, for purposes of the $8,000 death benefit, stands in the shoes of his mother."

affirming conviction

affirming conviction

stating that defendant's claims were "waived due to his failure to raise these claims on direct appeal and his inability to show cause for this failure"

applying derivative standing doctrine so as to adhere to ERISA's fundamental aim of protecting the interests of plan participants and their beneficiaries

applying derivative standing doctrine so as to adhere to ERISA's fundamental aim of protecting the interests of plan participants and their beneficiaries and stating that "[a]n insurance company should not be allowed to deny . . . benefits merely because the participant an beneficiary of the health plan have died"

In Yarde, the Fourth Circuit held that the sole heir of a deceased participant's deceased beneficiary had derivative standing to pursue a § 1132(a)(1)(B) ERISA claim, because, although no specific assignment had been made between the beneficiary and the heir, the heir stood in the beneficiary's shoes for the purposes of pursuing the claim.

treating participant's estate as an assignee to establish standing under derivative standing doctrine