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METROPOLITAN LIFE INS. CO. v. WHALAND

No. 78-220

119 N.H. 894 (1979)

METROPOLITAN LIFE INSURANCE COMPANY v. FRANK E. WHALAND COMMISSIONER OF INSURANCE

Supreme Court of New Hampshire.

December 28, 1979

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, of New York (Jay Greenfield orally), and McLane, Graf, Greene, Raulerson & Middleton P.A., of Manchester, for the plaintiff.

Thomas D. Rath, attorney general (Andrew R. Grainger, assistant attorney general, orally), for the commissioner.

PER CURIAM.

The primary question presented by this appeal is whether under the form of regulating insurance, the State may require that specific benefits be provided by a plan subject to the Employee Retirement Income Security Act of 1974 (Erisa), 29 U.S.C. § 1001 et seq., which provides insurance coverage for a State resident employed in this State and his dependents. Defendant ruled that the State may regulate such a plan under RSA 415:18-a (Supp. 1977...

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