Legal Opinion
Silvera v. Mutual Life Ins. Co. of New York
Court of Appeals for the Ninth Circuit
Decided August 29, 1989No. 88-2594PublishedCited by 40 opinions
1Opinion of the Court
O'SCANNLAIN, Circuit Judge:
We are called upon to determine whether a municipal employer established or maintained an employee welfare benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001-1461, when it purchased a group benefits insurance policy for its employees. We conclude that it did in this case. Since a “governmental plan” is exempt from ERISA, we must reverse the district court.
I
On April 1, 1985, the Mutual Life Insurance Company of New York (“MONY”) issued a group benefits insurance policy to the City of Oroville, California…
2Cases cited9 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Massachusetts v. MorashSupreme Court of the United States · 1989
- Scott v. Gulf Oil Corp.Court of Appeals for the Ninth Circuit · 1985
- Theodore Kanne and Beatriz Kanne v. Connecticut General Life Insurance Company, Lincoln National Life Insurance Company and Harlow Carpets, Inc., Theodore Kanne and Beatriz Kanne v. Connecticut General Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1989
- Donovan v. DillinghamCourt of Appeals for the Eleventh Circuit · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Pens. Plan Guide P 23912p James Johnson v. Watts Regulator CompanyCourt of Appeals for the First Circuit · 1995
- Gualandi v. AdamsCourt of Appeals for the Second Circuit · 2004
- Gualandi v. AdamsCourt of Appeals for the Second Circuit · 2004
- 22 Employee Benefits Cas. 1268, 98 Cal. Daily Op. Serv. 4155, 98 Daily Journal D.A.R. 5767, 98 Daily Journal D.A.R. 8433 Roger Timothy Bast, Individually and as Personal Representative for the Estate of Rhonda Rae Fleming Bast Douglas Glenn Bast, a Minor Child v. Prudential Insurance Company of America, an Insurance CorporationCourt of Appeals for the Ninth Circuit · 1998
- Dale A. Crull and Theresa M. Crull, Husband and Wife v. Gem Insurance Company, a Utah CorporationCourt of Appeals for the Ninth Circuit · 1995
35 more not listed; retrieve them via the Exa API.