# Blankenship v. Liberty Life Assurance Co. of Boston

> Court of Appeals for the Ninth Circuit · May 17, 2007 · 486 F.3d 620

URL: https://www.frixlaw.com/law-library/cases/9817968

## Case

- **Full name:** Vorris BLANKENSHIP, Plaintiff-Appellee, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, as Administrator and Fiduciary of the KPMG Employee Long-Term Disability Plan and the KPMG Employee Long-Term Disability Plan, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 17, 2007
- **Citations:** 486 F.3d 620
- **Precedential status:** Published
- **Opinion:** Concurrence by Noonan
- **Judges:** Canby, Noonan, Paez
- **Nature of suit:** Civil
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9817968

## How later opinions describe it (automated extraction)

- noting that " 'the interest rate prescribed for post-judgment interest under 28 U.S.C. § 1961 is appropriate *1032 for fixing the rate of pre-judgment interest’ ” (citations omitted)

## Opinion text

NOONAN, Circuit Judge,
concurring:
By the principles of law distinguishing trusteeship and agency, Vanguard was an agent, not a trustee. The restrictions on Vanguard’s power of investment imposed by the Internal Revenue Code 26 U.S.C. § 408 (a), however, infringe on Blankenship’s control as does the provision in the same statute that the balance of his account be nonforfeitable. If Vanguard were his agent, Blankenship would be free to invest the account as he chose, and he could not confer upon it a nonforfeitable status. Because of these peculiarities of the position of Vanguard — peculiarities owed to the Internal Revenue Code — Vanguard does not completely meet the criteria of agency, and, therefore, Blankenship prevails in this case.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9817968. Public record. Not legal advice.