Legal Opinion
Grainger v. Western Casualty Life Insurance Co.
Texas Court of Appeals, 1st District (Houston)
Decided September 12, 1996No. 01-93-00407-CVPublishedCited by 17 opinions
1Opinion of the Court
OPINION
WILSON, Justice.
Robert Grainger, representing the estate of his brother, Bruce Grainger, and Arlene Grainger (the Graingers), appeal from the trial court’s order granting summary judgment for Western Casualty Life Insurance Co. (Western). The trial court found the insurance policy in this case was part of an “employee welfare benefit plan” governed by the Employee Retirement Income Security Act (ERISA). The court further found all causes of action asserted by the Graingers were therefore preempted as a matter of law.
The primary issues in this case are: (1) whether the Graingers waived…
2Cases cited22 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- Forbau Ex Rel. Miller v. Aetna Life Insurance Co.Texas Supreme Court · 1994
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gomez v. Tri City Community Hospital, Ltd., Texas Court of Appeals, 4th District (San Antonio)1999
- Fred Loya Insurance Agency, Inc., and Loya Insurance Company v. Martin W. Cohen, Martin W. Cohen & Co., and Nehoc Advisors, Inc., Texas Court of Appeals, 8th District (El Paso)2014
- Salmon v. Miller, Texas Court of Appeals, 6th District (Texarkana)1997
- Fojtik v. Charter Medical Corp., Texas Court of Appeals, 13th District1999
- Jancye H. Tierney v. Unum Life Insurance Company of America and Unum Provident Corporation, Texas Court of Appeals, 8th District (El Paso)2003
12 more not listed; retrieve them via the Exa API.