National Business Ass'n Trust Ex Rel. National Benefit Administrators, Inc. v. Morgan

MEMORANDUM OPINION

JOHNSTONE, District Judge.

This federal question dispute is before the court on cross motions for summary judgment pursuant to Fed.R.Civ.P. 56. The dispositive issue raised in these motions is whether and to what extent the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. prevents the Commissioner of the Kentucky Department of Insurance (“Commissioner”) 1 from exercising jurisdiction over the activities of National Business Association Trust (“NBAT”), a multiple employer welfare arrangement, and its plan supervisor National Benefit…