Centurion Health & Welfare Benefit Plan v. Commonwealth ex rel. Bureau of Insurance

By Judge John K. Moore

This matter comes before the Court on Centurion Health and Welfare Benefit Plan’s (“Centurion”) Motion for Declaratory Judgment. The State Corporation Commission, (“SCC”) has filed its Demurrer alleging that the Circuit Court of Virginia Beach does not have jurisdiction to award Centurion a declaratory judgment in this matter and that Centurion is collaterally estopped from seeking such a judgment. The Court heard oral argument on March 5, 1996, and has conducted a thorough review of the case law and briefs submitted by counsel.

This litigation arises from a plan which…