Shearer v. Southwest Service Life Insurance

PRADO, Circuit Judge:

Following the dismissal of his lawsuit by the district court, Plaintiff-Appellant Lance Shearer (“Shearer”) filed this appeal and argues that the district court lacked subject matter jurisdiction over the case. At issue is whether the insurance policy underlying this suit is covered by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461. Because Shearer’s employer did no more than pay the premiums on the policy and ERISA does not regulate the “bare purchase of insurance,” Shearer’s claims are not preempted by ERISA, and the district court…