Legal Opinion

Texas Life, Accident, Health & Hospital Service Insurance Guaranty Ass'n v. Gaylord Entertainment Co.

Court of Appeals for the Fifth Circuit

Decided January 27, 1997No. 95-50860PublishedCited by 21 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

A state insurance guaranty association brought suit against ERISA 1 plan administrators for breach of fiduciary duty, alleging that the plan administrators imprudently bought investments from a failing insurance company. We hold that a guaranty association which receives a valid assignment of an ERISA fiduciary breach claim from a plan administrator can have derivative standing to bring the action. However, we also hold that ERISA preempts a state statute purporting to assign such claims by operation of law and, instead, apply federal common law to determine the validity…

2Cases cited15 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  4. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  5. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.District Court, N.D. Texas · 2014
  2. David A. Morlan v. Universal Guaranty Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 2002
  3. Plumb v. Fluid Pump Service, Inc.Court of Appeals for the Seventh Circuit · 1997
  4. In re Wellpoint, Inc. Out-of-Network "UCR" Rates LitigationDistrict Court, C.D. California · 2012
  5. Flynn v. Veazey Construction Corp.District Court, District of Columbia · 2004

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