Legal Opinion

Marshall v. Bankers Life & Casualty Co.

California Supreme Court

Decided July 9, 1992No. S022055PublishedCited by 33 opinions

1Opinion of the Court

Opinion

PANELLI, J.

We granted review in this case to determine whether an employer that purchases a group health insurance policy to cover its employees and their dependents, but whose involvement in administration of benefits under the policy is minimal, thereby establishes an “employee benefit plan” within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.), so that an action seeking damages under state law for the denial of a claim for policy benefits is preempted by federal law.1 We conclude that an employee benefit plan is established on…

2Cases cited35 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  4. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  5. Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987

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3Cited by33 opinions

  1. Brown v. Poway Unified School DistrictCalifornia Supreme Court · 1993
  2. International Ass'n of Entrepreneurs of America v. AngoffCourt of Appeals for the Eighth Circuit · 1995
  3. Southern California Chapter of Associated Builders & Contractor Inc. v. California Apprenticeship CouncilCalifornia Supreme Court · 1992
  4. Kurtz, Richards, Wilson & Co. v. Insurance Communicators Marketing Corp.California Court of Appeal · 1993
  5. Millan v. Restaurant Enterprises Group, Inc.California Court of Appeal · 1993

28 more not listed; retrieve them via the Exa API.

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