Legal Opinion

Brown v. Granatelli

Court of Appeals for the Fifth Circuit

Decided April 11, 1990No. 89-2171PublishedCited by 21 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Browns appeal the district court’s grant of summary judgment in favor of Tuneup Masters Employee Benefit Plan, Andy Granatelli, the Plan’s trustee, and North American Life and Casualty Company which upheld the denial of benefits under the Plan for two of the Browns’ children who were born premature with congenital defects. The district court found that the Employee Retirement Income Security Act of 1974 preempted the application of Tex.Ins.Code Ann. art. 3.70-2(E) to the Plan, Granatelli, or NALAC. Article 3.70-2(E) requires individual and group…

2Cases cited3 opinions

  1. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  2. United Food & Commercial Workers & Employers Arizona Health & Welfare Trust, a Trust Dennis Davison Raymond Florom v. Renee Ann PacygaCourt of Appeals for the Ninth Circuit · 1986
  3. Cuttle Ex Rel. Stickney v. Federal Employees Metal Trades CouncilDistrict Court, D. Maine · 1985

3Cited by21 opinions

  1. Pat Thompson Don Thompson v. Talquin Building Products CompanyCourt of Appeals for the Fourth Circuit · 1991
  2. Texas Department of Insurance v. American National Insurance Co.Texas Supreme Court · 2012
  3. Sam C. Gonzales v. The Prudential Insurance Co. Of AmericaCourt of Appeals for the Fifth Circuit · 1990
  4. Avemco Insurance Co. v. State Ex Rel. McCartyIndiana Court of Appeals · 2004
  5. Roy A. Mullenix, Arletta Howerton, Tom Willey and Mary Willey v. Aetna Life and Casualty Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1990

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