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NGS AMERICAN, INC. v. BARNES

Civ. No. A-92-CA-135.

805 F.Supp. 462 (1992)

NGS AMERICAN, INC., and Masco Industries Self-Funded Employee Benefit Plans, v. Philip W. BARNES, in his capacity as Commissioner of Insurance for the State of Texas.

United States District Court, W.D. Texas, Austin Division.

October 8, 1992.

Attorney(s) appearing for the Case

Stephen Wasinger, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., Louis K. Bonham, Smith, Murdaugh, Little & Bonham, Houston, Tex., John H. Eggertsen, Detroit, Mich., for plaintiffs.

John M. Hohengarten, Attorney General's Office, Austin, Tex., for defendant.

OPINION AND JUDGMENT

NOWLIN, District Judge.

This case involves the applicability of article 21.07-6 of the Texas Insurance Code to third-party administrators of self-funded ERISA plans. The primary issue is whether ERISA preempts the State of Texas from imposing the regulations, fees, and taxes, pursuant to this article, upon such administrators and plans. Before the Court is the Plaintiffs' Motion for Summary Judgment.

THE PARTIES

Plaintiff...

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