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· 8/19/1996

Margery A. Morstein v. National Insurance Services, Inc. Pan American Life Insurance Company the Shaw Agency Scott Hankins

Citations

  • 93 F.3d 715
  • 20 Employee Benefits Cas. (BNA) 1729
  • 1996 U.S. App. LEXIS 20848
  • 1996 WL 468471

How courts have described this case

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

  • holding, in light of New York Blues, that ERISA did not preempt plaintiff's state law tort claims against independent insurance agent and insurer
  • outlining, in particular, the legislative history of ERISA, the original purpose of ERISA, and Supreme Court case law
  • reversing the grant of summary judgment and concluding that the “claims do not fall within ERISA’s broad preemptive scope, as they do not have a sufficient connection with the plan to ‘relate to’ the plan.”
  • “Congress did not intend for ERISA preemption to extend to state law tort claims brought against an insurance agent”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Kravitch, Hatchett, Anderson, Edmondson, Cox, Birch, Dubina, Black, Carnes, Barkett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.