CINELLI v. SECURITY PACIFIC CORP.

No. 93-17318.

61 F.3d 1437 (1995)

Alfred G. CINELLI, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. SECURITY PACIFIC CORPORATION; Security Pacific Corporation Supplemental Group Life Insurance Plan; Bank of America N.T. & S.A. and Bank-America Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1995.


Attorney(s) appearing for the Case

Theodore A. Kolb and William T. Kellermann, Jr., Sullivan, Roche & Johnson, San Francisco, CA, for plaintiff-appellant.

Robert A. Gordon and Craig E. Stewart, Pillsbury, Madison & Sutro, San Francisco, CA, for defendants-appellees.

Before: SCHROEDER, BEEZER and THOMPSON, Circuit Judges.


BEEZER, Circuit Judge:

In a case arising under the Employee Retirement Income Security Act ("ERISA"), we are called upon to determine whether the termination of an insurance policy was consistent with the terms of the plan documents. In so doing we must consider what constitutes the plan documents and whether because of an ambiguity or mistake, those documents should be reformed.

Alfred Cinelli appeals the district court's grant of summary judgment in favor...

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