Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-Appellants

JOHNSON, Circuit Judge.

This case calls upon this Court to determine once again whether a policy of insurance is covered by the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. (ERISA). As in so many other cases, much hinges on this determination. If the policy at issue here falls within the purview of ERISA, then it was proper for this case to be decided by the federal district court. If, on the other hand, the policy at issue here was not an ERISA plan, then the federal courts have no jurisdiction of the case; it should not have been removed from the Texas state court where…