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U.S. Court of Appeals for the Eleventh Circuit, 1989

Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation

Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation
U.S. Court of Appeals for the Eleventh Circuit · Decided August 24, 1989 · Tjoflat, Hill, Johnson
881 F.2d 1034; 1989 U.S. App. LEXIS 12603; 1989 WL 88362 (Federal Reporter, Second Series)

Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation

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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