I was able to obtain a victory in the Ninth Circuit in this Salyers v. Metropolitan Life Insurance Company. The Court held that Met Life had waived its right to require evidence of insurability when it had never asked for such a form to be completed and had deducted premiums for the life insurance coverage requested. The Court also adopted the common law rules of agency into ERISA, holding that when an employer accepts premiums and applications for coverage from the employees, the employer is acting as an agent of the insurance company.