Martin Oil Co. v. Philadelphia Life Insurance

WORKMAN, Chief Justice:

Philadelphia Life Insurance (“PLI”) appeals from the Circuit Court of Upshur County’s decision prohibiting it from asserting a cross-claim against co-defendant Professional Benefits Consultants (“PBC”) and a third-party complaint against non-party Rudolph Pellegrini under principles of implied indemnity. PLI also challenges the circuit court’s decision not to dismiss this case, arguing that federal jurisdiction is preemptive given the references to an ERISA 1 plan in the underlying case. After a thorough review of the record and the law in this area, we affirm the lower…