Donatelli v. Home Ins. Co.

Decision Date11 June 1993
Docket NumberNo. 92-2591,92-2591
Citation992 F.2d 763
PartiesDoloros DONATELLI, Plaintiff-Appellant, v. The HOME INSURANCE COMPANY, Defendant-Appellee, Cooper Industries, Inc., Defendant.
CourtU.S. Court of Appeals — Eighth Circuit
Order Denying Petition for Rehearing

and Suggestion for Rehearing En Banc

April 26, 1993.

Rehearing and Rehearing En Banc Denied

June 11, 1993.

Rudolfo Rivera, Clayton, MO, argued (Sidney Fortus, on the brief), for plaintiff-appellant.

John S. McCollough, St. Louis, MO, argued (Eugene K. Buckley, on the brief), for defendant-appellee.

Before LOKEN, HANSEN, Circuit Judges, and MURPHY, * District Judge.

LOKEN, Circuit Judge.

Doloros Donatelli appeals the dismissal of her claim for a $500,000 accidental death benefit under The Home Insurance Company's group life policy covering the employees of Cooper Industries, Inc. Donatelli argues that the district court erred in granting summary judgment dismissing her state law claim as preempted by ERISA, and in dismissing her ERISA claim for benefits after a trial on the merits. 1 We affirm.

Donatelli's late husband, Joseph Donatelli, Jr., an employee of Cooper Industries, took his own life on January 22, 1989. Mrs. Donatelli filed a claim for accidental death benefits which The Home denied based upon a policy exclusion for any loss caused by "suicide (in Missouri suicide ... while sane)." Donatelli commenced this action in September 1990. Count I of her complaint alleged a diversity breach of contract claim under Missouri law; Count II alleged the wrongful denial of ERISA benefits under 29 U.S.C. § 1132. Both claims were based upon Donatelli's contention that there is coverage because Joseph Donatelli was insane when he committed suicide.

The district court first granted partial summary judgment dismissing Donatelli's state law claim, concluding that "causes of action premised on common or state law that involve an employee benefit plan ... are preempted by ERISA's comprehensive civil enforcement scheme." The court then conducted a three-day trial of Donatelli's ERISA benefits claim; the parties introduced the record before The Home when it denied Donatelli's claim, plus additional testimony by experts concerning whether Joseph Donatelli was sane when he committed suicide. Applying the de novo standard of review, the district court found that Mr. Donatelli was sane and entered judgment in favor of The Home. This appeal followed.

I. The State Law Claim.

The parties agree that Mo.Rev.Stat. § 376.620 as judicially construed mandated the policy provision that death by suicide while insane is a covered accidental death. Donatelli argues that this statute is a state law "which regulates insurance" and therefore her breach of contract claim is "saved" from ERISA preemption by 29 U.S.C. § 1144(b)(2)(A). We disagree.

In Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 52-57, 107 S.Ct. 1549, 1555-58, 95 L.Ed.2d 39 (1987), the Supreme Court held that the civil enforcement provisions of § 1132(a) are the exclusive remedy for beneficiaries seeking to enforce their rights under an ERISA plan. Donatelli concedes that The Home's group life policy is covered by ERISA and that she seeks to recover benefits under that policy. Her state law claim seeks to enforce a contractual remedy that is preempted by § 1132 as construed in Pilot Life. If "saved" from ERISA preemption, the Missouri suicide statute will govern the interpretation of The Home's policy, but that does not affect the preemption of state law remedies by § 1132. Thus, the district court correctly granted summary judgment dismissing Donatelli's state law claim for breach of the insurance contract.

II. The ERISA Claim.

Donatelli contends that the district court erred in dismissing her § 1132 claim for accidental death benefits. She argues that The Home's denial of benefits was arbitrary and capricious and an abuse of discretion because its denial letter misinterpreted the Missouri law of insanity, because The Home failed adequately to explain its denial, and because it ignored overwhelming evidence demonstrating that Joseph Donatelli was insane when he committed suicide. In addition, Donatelli argues that The Home's denial is not entitled to a deferential standard of review because of The Home's inherent conflict of interest in administering this insurance-funded plan.

These arguments fundamentally misconstrue the judicial review conducted by the district court. A deferential standard of review is applied if the plan gives the fiduciary discretionary authority to determine eligibility for benefits. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 956, 103 L.Ed.2d 80 (1989). Here, neither party has identified any provision of the plan giving The Home such discretion. When such discretion is lacking, the district court conducts a de novo review that is not limited to the fiduciary's explanation of its denial. See Farley v. Benefit Trust Life Ins. Co., 979 F.2d 653, 660 (8th Cir.1992). If it is necessary for adequate de novo review of the fiduciary's decision, the district court may allow the parties to introduce evidence in addition to that presented to the fiduciary. See, e.g., Quesinberry v. Life Ins. Co. of North Amer., 987 F.2d 1017, 1021-1027 (4th Cir.1993) (en banc); Luby v. Teamsters Health, Welfare & Pension Trust Funds, 944 F.2d 1176, 1184-85 (3d Cir.1991). However, to ensure expeditious judicial review of ERISA benefit decisions and to keep district courts from becoming substitute plan administrators, the district court should not exercise this discretion absent good cause to do so. See Davidson v. Prudential Ins. Co. of Amer., 953 F.2d 1093, 1095 (8th Cir.1992). In this case, the district court did not abuse its discretion in...

To continue reading

Request your trial
84 cases
  • Paulson v. Paul Revere Life Ins. Co.
    • United States
    • U.S. District Court — Southern District of Iowa
    • 16 Junio 2004
    ...substitute plan administrators.'" Cash v. Wal-Mart Group Health Plan, 107 F.3d 637, 641-42 (8th Cir.1997) (quoting Donatelli v. Home Ins. Co., 992 F.2d 763, 765 (8th Cir.1993)). First, Defendant seeks to strike Exhibits 1, 3, and 5, Defendant's own answers to interrogatories. Plaintiff coun......
  • King v. Hartford Life and Acc. Ins. Co.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 22 Julio 2005
    ...to do so, the court may allow parties to introduce evidence beyond the materials presented to the administrator. Donatelli v. Home Ins. Co., 992 F.2d 763, 765 (8th Cir.1993); Weber v. St. Louis Univ., 6 F.3d 558, 560-61 (8th Where a plan gives the administrator discretionary power to constr......
  • Eusebio Cotto Villegas v. Federal Express Corp.
    • United States
    • U.S. District Court — District of Puerto Rico
    • 20 Diciembre 2006
    ...Eng'g, 900 F.2d 963, 966-67 (6th Cir.1990); Casey v. Uddeholm Corp., 32 F.3d 1094, 1098-99 (7th Cir. 1994); Donatelli v. Home Ins. Co., 992 F.2d 763, 765 (8th Cir.1993); Mongeluzo v. Baxter Travenol Long Term Disability Benefit Plan, 46 F.3d 938, 943-44 (9th Cir.1995); Hall v. Unum Life Ins......
  • Plumb v. Fluid Pump Service, Inc.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 27 Agosto 1997
    ...the insurance policy from being enforced in its statutorily modified form.") (citing Metropolitan); see also Donatelli v. Home Ins. Co., 992 F.2d 763, 765 (8th Cir.1993) (noting that non-preempted state statutes govern interpretation of insurance policies, but that state law remedies are pr......
  • Request a trial to view additional results
1 books & journal articles
  • Erisa: License to Cheat, Lie, and Steal for the Disability Insurance Industry
    • United States
    • Utah State Bar Utah Bar Journal No. 21-5, October 2008
    • 1 Septiembre 2008
    ...by the administrator, but not with regards to the finding of historical facts by the administrator); Donatelli v. Home Ins. Co., 992 F.2d 763, 765 (8th Cir. 1993) (leaving the question of whether to admit extra evidence to the discretion of the district court where there is "good cause" to ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT