Unpublished Disposition, 931 F.2d 60 (9th Cir. 1991)

MEMORANDUM^* 

Defendant-appellant United of Omaha Life Insurance Company ("Omaha") appeals a district court order granting summary judgment in favor of plaintiff-appellee Eileen Maratta-Moss in her action to recover benefits under an ERISA employee welfare benefit plan administered by Omaha. We dismiss Omaha's appeal for want of jurisdiction.

The plan at issue provided coverage for "sickness" and "injury" up to a maximum of $1,000,000, subject to certain limitations, but limited coverage for "mental or nervous disorders" to $50,000. Appellee incurred medical bills in excess of $185,000 in treating her son Raymond, who suffers from the residual consequences of a head trauma. Omaha termed Raymond's injury a "mental or nervous disorder" and refused to pay benefits beyond $50,000. Appellee then brought suit, seeking, inter alia, a determination that Raymond's condition was of "medical" rather than "psychiatric" origin, and thus was not subject to the plan's $50,000 limitation, and that Omaha was otherwise required to pay all benefits due under the plan. C.R. 1. Omaha, in addition to claiming that it had properly denied benefits under the "mental or nervous disorder" limitation, asserted that its liability was further limited by the plan's "medically necessary" and "usual and customary charge" limitations. C.R. 25.

Both parties moved for summary judgment on the question whether Raymond's condition was subject to the $50,000 limitation. C.R. 21, 28. The court granted appellee's motion in a written memorandum of decision. C.R. 34. It did not, however, enter a final written judgment as required by Rules 58 and 79(a) of the Federal Rules of Civil Procedure. In the absence of a final judgment, we lack jurisdiction to hear Omaha's appeal. Wood v. Coast Frame Supply, 779 F.2d 1441, 1442-43, amended, 791 F.2d 802 (9th Cir. 1986); 28 U.S.C. § 1291. We therefore remand to the district court for further proceedings and entry of a final judgment.¹ 

DISMISSED.