No. 21-699

Collette Campbell v. We Transport, Inc., et al.

Lower Court: Second Circuit
Docketed: 2021-11-12
Status: Denied
Type: Paid
Tags: beneficiary-designation cat-paw-doctrine death-benefits employer-duties erisa erisa-claims-procedures fiduciary-duty fraud insurance-carrier-duties insurance-claim
Key Terms:
Arbitration ERISA JusticiabilityDoctri
Latest Conference: 2022-01-14
Question Presented (AI Summary)

Whether the 'Cat's Paw Doctrine' is applicable in this case

Question Presented (from Petition)

QUESTIONS PRESENTED : 1. Whether the “Cat’s Paw Doctrine” is applicable | in this case when established claims procedures in an ERISA group insurance claim are not followed . when disbursing death benefit claims? 2. Whether an ERISA group life insurance policy is a” Probate Asset” when there are no written contractual provisions in the policy to provide for a situation when there is no beneficiary on file, missing beneficiary, no designated/name beneficiary? 3.. Whether an employer/sponsor breached their , duties when they failed to properly maintain beneficiary | records? 4. Whether an insurance carrier breached their Co duties when they applied unwritten contractual provisions in expediting a death benefit claim? } : 5. Whether the District Court and the Court of | : ' Appeals erred by upholding the fiduciaries determi‘ | nation that the death benefit claim in this case was properly processed within ERISA mandates? ; 6. Whether insurance fraud and fraud on the courts was committed? . | LIST OF PROCEEDINGS United States Court of Appeals for the Second Circuit : No. 20-1289 : Collette Campbell, Plaintiff-Appellant v. We Transport, ; Inc., a New York Corporation, Unimerica Life Insurance Company of New York, a New York Corporation, Date of Final Opinion: May 14, 2021 Date of Rehearing Denial: July 6, 2021 United States District Court Eastern District of New York : No. 18-CV-5354 (MKB) (LB) Collette Campbell, Administrator Representative of the Estate of Willie Campbell, Deceased, Plaintiff, v. ; ; : We Transport, Inc., a New York Corporation, and Unimerica Life Insurance Company of New York, a New York Corporation, Defendants. Date of Final Judgment: March 31, 2020 | |

Docket Entries

2022-01-18
Petition DENIED.
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-13
Brief of respondents We Transport, Inc., et al. in opposition filed.
2021-10-05
Petition for a writ of certiorari filed. (Response due December 13, 2021)

Attorneys

Collette Campbell
Collette Campbell — Petitioner
Collette Campbell — Petitioner
We Transport, Inc., et al.
Michael H. BernsteinRobinson & Cole LL P, Respondent
Michael H. BernsteinRobinson & Cole LL P, Respondent