163260P.pdf   12/06/2017  CeCelia Ibson  v.  United Healthcare Services
   U.S. Court of Appeals Case No:  16-3260
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Shepherd, Author, with Wollman and Beam, Circuit Judges] 
   Civil case - ERISA. For the court's prior opinion in the matter, see Ibson 
   v. United Healthcare Servs., Inc.., 776 F.3d 941 (8th Cir. 2014). Whether 
   plaintiff's claim to recover benefits related to her deceased husband's 
   medical care are "unpaid benefits" under Section 1132(a)(1)(B) or 
   extra-contractual damages forbidden under ERISA, the proper party to bring 
   the claim is her late husband's estate; claim for the same benefits could 
   not be maintained as an equitable claim; plaintiff could state an 
   equitable claim for restitution of the premiums paid to defendant if there 
   was a plan violation; remanded to the district court to determine 
   initially if there was such a plan violation and, if so, whether 
   restitution of the premiums is appropriate equitable relief under Sec. 
   1132(a)(3)(B); district court did not err in determining defendant was not 
   the plan administrator for purposes of Sec. 1132(c)(1)(B); plaintiff's 
   breach of contract claim was preempted by ERISA.