Great-West Life & Annuity Insur. Co. v. Knudson, 2000 U.S. App. LEXIS 1771 (9th Cir. Feb. 7, 2000) (unpublished)

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 LEXIS 1771 (9th Cir. Feb. 7, 2000) (unpublished) -This court denied an appeal seeking to enforce a contractual reimbursement provision pursuant to 29 U.S.C. § 1132(a)(3).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.]

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