Custom Rail Employer Welfare Trust Fund v. Geeslin

E. GRADY JOLLY, Circuit Judge:

This appeal requires us to interpret a particular provision of ERISA 1 for the first time. In doing so, we focus on the statutory requirement that the instant employee welfare benefit plan must be “fully insured” in order for certain state regulation to be preempted by federal law. The Custom Rail Employer Welfare Trust Fund (“CREW”) asserts that it is a “fully-insured” multiple employer welfare arrangement (“MEWA”) and accordingly brought this injunctive and declaratory action against the Texas Commissioner of Insurance (“the Commissioner”) to require the state…