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XL-Care Agency, Inc. v. Unicare Life & Health Insurance Co.

February 3, 2006

XL-CARE AGENCY, INC., PLAINTIFF,
v.
UNICARE LIFE & HEALTH INSURANCE CO., INC., DEFENDANT.



The opinion of the court was delivered by: VIKTOR V. Pohorelsky United States Magistrate Judge

MEMORANDUM

The court having reviewed the letter submitted by the plaintiff dated January 13, 2006 and the authorities cited there, including Romney v. Lin, 94 F3d 74, 78 (2nd Cir. 1996) and I.V. Services of America, Inc. v. Trustees of American Consulting Engineers Council Ins. Trust Fund, 136 F.3d 114, 117 (2nd Cir. 1998), the court concludes that the claims in this case are properly brought by the plaintiff, as assignee of a beneficiary of a welfare benefit plan governed by ERISA, and raise a federal question such that this court has subject matter jurisdiction to determine the controversy.

Brooklyn, New York

20060203

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