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AMERICAN PROG. LIFE AND HEALTH INS. v. CORCORAN

No. 1349, Docket 83-7252.

715 F.2d 784 (1983)

AMERICAN PROGRESSIVE LIFE AND HEALTH INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellant, v. James CORCORAN, as Superintendent of Insurance of the State of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 22, 1983.

Attorney(s) appearing for the Case

Vincent R. Fitzpatrick, Jr., New York City (Dwight A. Healy, Alice K. Jump, White & Case, New York City, of counsel) for plaintiff-appellant.

Richard G. Liskov, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., John M. Farrar, Asst. Atty. Gen., New York City, of counsel) for defendant-appellee.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

The case before us presents the sole issue of whether a particular New York State insurance regulation and a report concerning appellant prepared by the State of New York's Insurance Department (Department) constitute state regulation of an employee benefit plan preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. We conclude that neither the report nor the regulation are preempted by...

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