Legal Opinion
American Progressive Life and Health Insurance Company of New York v. James Corcoran, as Superintendent of Insurance of the State of New York
Court of Appeals for the Second Circuit
Decided August 22, 1983No. 1349, Docket 83-7252PublishedCited by 34 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
The case before us presents the sole issue of whether a particular New York State insurance regulation and a report concerning appellant prepared by the State of New York’s Insurance Department (Department) constitute state regulation of an employee benefit plan preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. We conclude that neither the report nor the regulation are preempted by ERISA.
BACKGROUND
The facts of this case are not in dispute. American Progressive Life and Health Insurance Company of New York (Company) is…
2Cases cited9 opinions
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Andrus v. Glover Construction Co.Supreme Court of the United States · 1980
- Wayne Chemical, Inc., Robert C. Tribolet and Thomas C. Tribolet v. Columbus Agency Service CorporationCourt of Appeals for the Seventh Circuit · 1977
- Wadsworth v. WhalandCourt of Appeals for the First Circuit · 1977
- Stone & Webster Engineering Corp. v. IlsleyCourt of Appeals for the Second Circuit · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- The Firestone Tire & Rubber Company Virgil E. Arrington v. James A. NeusserCourt of Appeals for the Sixth Circuit · 1987
- Rebaldo v. CuomoCourt of Appeals for the Second Circuit · 1984
- Gilbert v. Burlington Industries, Inc.Court of Appeals for the Second Circuit · 1985
- Authier v. GinsbergCourt of Appeals for the Sixth Circuit · 1985
29 more not listed; retrieve them via the Exa API.