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SCHLOEGEL v. BOSWELL

No. 92-7592.

994 F.2d 266 (1993)

George A. SCHLOEGEL and the HANCOCK BANK PROFIT SHARING PLAN, Plaintiffs-Appellees, v. Laurie BOSWELL, Defendant-Third Party Plaintiff-Appellant, v. HANCOCK BANK, et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 5, 1993.

Attorney(s) appearing for the Case

Jerry J. Blouin, New Orleans, LA and James O. Dukes, Bryant, Colingo, Williams & Clark, Gulfport, MS, for appellant.

William V. Westbrook, III, Gulfport, MS, for Schloegel.

Todd A. Rossi, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Hancock Bank, et al.

Before POLITZ, Chief Judge, REAVLEY and BARKSDALE, Circuit Judges.

REAVLEY, Circuit Judge:

The issue here is fiduciary relationship under the Employee Retirement Income Security Act (ERISA). The district court found Laurie C. Boswell to have been a plan fiduciary; we hold that he was not.

The Hancock Bank Profit Sharing Plan (Profit Sharing Plan) purchased two consecutive ordinary life insurance policies insuring the life of a plan participant, George A. Schloegel. Laurie C. Boswell procured the policies and received commissions...

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