Kentucky Assn. of Health Plans, Inc. v. Miller

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that state laws regulating insurance, banking, and securities are “saved from pre-emption” by ERISA
• stating that administration by noninsuring HMO's of even a self-insured plan \suffices to bring them within the activity of insurance for purposes of § 1144(b)(2)(A)\
• noting that in other circuits, where it is a question of fact only, the decision is reviewed for clear error
• emphasizing that the McCarran-Ferguson Act is concerned with the purpose of the enactment of the state law
• noting that the ERISA preemption clause is not absolute. Under ERISA’s savings clause, a state law that regulates insurance is “saved from preemption.”
• noting that the regulation in question would change the options open to third parties but holding that this did not alter the nature of the regulation

Source: CourtListener parenthetical corpus (CC0).