HARBOR INS. CO. v. BLACKWELDER

87-391, 87-407 and 87-487.

554 So.2d 329 (1989)

HARBOR INSURANCE COMPANY v. Robert E. BLACKWELDER, et al. LIFE AND HEALTH SERVICES, INC., and Robert Wilder v. Robert E. BLACKWELDER, et al.

Supreme Court of Alabama.

Rehearing Denied November 17, 1989.


Attorney(s) appearing for the Case

Clyde C. Owen, Jr. and Gerald C. Swann, Jr. of Ball, Ball, Matthews & Novak, Montgomery, for appellant Harbor Ins. Co.

Robert S. Lamar, Jr. of Brown, Hudgens, Richardson, Birmingham, for appellant Life and Health Services, Inc.

George L. Beck, Jr., Montgomery, for appellee Blackwelder.

C. Knox McLaney III, Montgomery, for appellee Minella Holley.


JONES, Justice.

These appeals are from final judgments entered upon jury verdicts in favor of two classes of plaintiffs. The plaintiffs were all participants in an insurance plan that, due to underfunding, was unable to pay its obligations and failed. Because the plan in question is not a "governmental plan," as that term is used in the Employee Retirement Income Security Act of 1974 ("ERISA") (29 U.S.C. § 1001 et seq.), we hold that, except for their fraud claims...

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