132233P.pdf   08/07/2014  Salvador Silva  v.  Metropolitan Life Insurance Co
   U.S. Court of Appeals Case No:  13-2233
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Gruender and Bright, Circuit Judges] 
   Civil Case - ERISA. Benefits under a supplemental life insurance policy 
   were denied for failure to submit evidence of insurability and district 
   court granted summary judgment to plan fiduciary and employer. Because 
   plan did not define evidence of insurability and any required form was not 
   in the record, questions of material fact prevent review of whether 
   MetLife abused its discretion in denying claims for benefits. District 
   court's denial of motion to amend the complaint to add an additional ERISA 
   claim under 29 U.S.C. sec. 1132(a)(3) because claim would be futile is 
   reversed, as Silva could show an equitable claim of surcharge, 
   reformation, or equitable estoppel. Silva is not precluded from pleading 
   claims under section 1132(a)(1)(B) and 1132(a)(3) in motion to dismiss 
   stage. Judge Gruender concurs in part and dissents in part.