WOLK v. UNUM LIFE INSURANCE OF AMERICA, 186 F.3d 352 (3^rd Cir. 1999)-BEFORE: GREENBERG, LEWIS, and BRIGHT, * Circuit Judges.

A partner at a law firm suffered from chronic fatigue syndrome (CFS). Plan paid long-term disability benefits for two years then notified plaintiff it would terminate the benefits in four days since it considered Plaintiff to be no longer disabled. Almost a year later Plaintiff sued in district court bringing various state law claims. That same day, Unum notified Plaintiff it was reversing its decision to discontinue benefits. District Court granted Defendant's Motion for Summary Judgment holding that ERISA preempts Plaintiff's state law claims. Plaintiff filed an interlocutory appeal.

Third Circuit said it was ruling on the limited question of whether a partner-employer who shares coverage with employees under an "employee welfare benefit plan" qualifies as a "beneficiary" with standing to bring suit under ERISA.

Third Circuit held that the term "beneficiary," as defined under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1002(8), includes partner-employers who are designated to receive benefits under an "employee welfare benefit plan."

Court found it significant that all of the Courts of Appeal that have analyzed the term "beneficiary" in a similar context have adopted this plain language interpretation. See, e.g., Engelhardt v. Paul Revere Life Ins. Co., 139 F.3d 1346, 1351 (11^th Cir. 1998) ("[physician's] claim for benefits under the policy confirms his status as a plan beneficiary."); Prudential Ins. Co. v Doe, 76 F.3d 206, 208 (8^th Cir. 1996) (shareholders of corporation were "beneficiaries" of ERISA plan because they were designated to receive benefits by the terms of the employee benefit plan); Peterson v. American Life & Health Ins. Co., 48 F.3d 404, 409 (9^th Cir. 1995) (partner was "beneficiary" under ERISA because "any person designated to receive benefits from a policy that is part of an ERISA plan may bring a civil suit to enforce ERISA"); Harper v. American Chambers Life Ins. Co., 898 F.2d 1432, 1434 (9^th Cir. 1990) (partner insured by policy that is part of an ERISA plan has standing to sue under ERISA as a "beneficiary").