· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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