Great-West
Life & Annuity Insur. Co. v. Knudson,
2000 U.S. App. LEXIS 1771 (9th Cir. Feb. 7, 2000) (unpublished)
-This
court denied an appeal seeking to enforce a contractual reimbursement provision
pursuant to 29 U.S.C. § 1132(a)(3).
The court pointed out that in FMC
Medical Plan v. Owens, 122 F.3d
1258, 1262 (9th Cir. 1997), it had held that reimbursement of
payments made to a beneficiary of an insurance plan by a third party, which
Appellants sought here, is not equitable relief within the meaning of 29 U.S.C.
§ 1132(a)(3). The court declined
to pursue an en banc review of Owens
since it had recently reaffirmed the holding in Owens
in Reynolds
Metals Co. v. Ellis, 202 F.3d
1246 (9th Cir. 2000). [See detailed analysis.]
