United States Fifth Circuit

In a dispute involving payment of a claim under a health insurance policy, summary judgment for defendant finding that plaintiff's claims failed to meet the ERISA standard for relief is vacated where, since plaintiff's employer did no more than pay the premiums on the policy and ERISA does not regulate the "bare purchase of insurance," plaintiff's claims were not preempted by ERISA, and the district court lacked jurisdiction over the case.

Appellate Information

• Decided 01/31/2008
• Published 02/01/2008

Judges

• PRADO, Circuit Judge:, Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Edwin King Nelson, IV, Houston, TX, for Shearer., David Henry Martin, Malesovas & Martin, Waco, TX, for Southwest Serv. Life Ins. Co., Dana Lynn Minissale, Gerstle, Minissale, Snelson, Dallas, TX, for Sanders.