Malan F. Johnston v. Paul Revere Life Insurance Company, Now Known as Provident Insurance Company

How courts have described this case

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

• holding that a Nebraska statute prohibiting the written application for insurance policies did not “regulate insurance” such as to qualify for the savings clause
• concluding that because the plaintiff’s state-law claims “arose from the administration of an ERISA plan,” preemption was warranted because state law had “an impact on plan administration.”
• noting that 4 Nor is there any indication that Thompson exhausted any claim under the profit sharing plan or that Pioneer waived or excused Thompson from doing so. 12 “the existence of a ‘plan’ is a prerequisite to the jurisdiction of ERISA”
• “As a preliminary matter, we must determine if the disability insurance policy at issue was a ‘plan’ within the meaning of ERISA because the existence of a ‘plan’ is a prerequisite to the jurisdiction of ERISA.”
• “As a preliminary matter, we must determine if the . . . policy at issue was a plan within the meaning of ERISA because the existence of a plan is a prerequisite to the jurisdiction of ERISA.”
• “As a preliminary matter, we must determine if the . . . policy at issue was a plan within the meaning of ERISA because the existence of a plan is a prerequisite to the jurisdiction of ERISA.”

Source: CourtListener parenthetical corpus (CC0).