Legal Opinion

In Re Business Men's Assurance Company of America

Court of Appeals for the Eighth Circuit

Decided April 29, 1993No. 93-1290PublishedCited by 347 opinions

1Per curiam

Business Men’s Assurance Company of America (BMA) petitions for a writ of mandamus ordering the district court to retain jurisdiction of a vexatious refusal-to-pay claim brought against BMA by William A. Rodgers. We deny the petition.

Rodgers obtained BMA health insurance through his wife’s employer, Family Institute (FI). After BMA denied Rodgers’s claims for benefits, Rodgers filed this action in state court. BMA removed the case to federal district court, claiming ERISA preempted the state action because the health insurance policy was an employer-purchased plan. Rodgers petitioned for…

2Cases cited8 opinions

  1. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  2. Bor-Son Building Corporation v. Keith R. HellerCourt of Appeals for the Eighth Circuit · 1978
  3. In Re Life Insurance Company of North AmericaCourt of Appeals for the Eighth Circuit · 1988
  4. Terrence K. v. United States Department of StateSupreme Court of the United States · 1988
  5. Harold G. Deibler v. United Food and Commercial Workers' Local Union 23Court of Appeals for the Third Circuit · 1992

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3Cited by347 opinions

  1. Mulcahey v. Columbia Organic Chemicals Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1994
  2. Transit Casualty Company v. Certain Underwriters At Lloyd's Of LondonCourt of Appeals for the Eighth Circuit · 1997
  3. Green v. Ameritrade, Inc.Court of Appeals for the Eighth Circuit · 2002
  4. Mulcahey v. Columbia Organic Chemicals Co.Court of Appeals for the Fourth Circuit · 1994
  5. In re Federal-Mogul Global, Inc.Court of Appeals for the Third Circuit · 2002

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