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GILBERT v. ALTA HEALTH & LIFE INS. CO.

No. 01-10829.

276 F.3d 1292 (2001)

Bill GILBERT, Plaintiff-Appellee-Cross-Appellant, v. ALTA HEALTH & LIFE INSURANCE COMPANY, Great West Life & Annuity Insurance Company of Denver, Defendants-Appellants-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 27, 2001.

Attorney(s) appearing for the Case

Michael L. Bell, Wynn M. Shuford, Lightfoot, Franklin, White & Lucas, Birmingham, AL, Waldemar Jacob Pflepsen, Jr., Jorden, Burt, Boros, Cicchetti, Berenson & Johnson, LLP, Washington, DC, for Defendants-Appellants-Cross-Appellee.

Dennis George Pantazis, Brian M. Clark, Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, AL, for Plaintiff-Appellee-Cross-Appellant.

William F. Hanrahan, Groom Law Group, CHTD, Washington, DC, for Amicus Curiae American Ass'n of Health Plans.

Before ANDERSON, Chief Judge, BLACK, Circuit Judge, and MORENO, District Judge.

ANDERSON, Chief Judge:

This appeal involves the scope of state law preemption under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. Specifically, the case presents two questions: (1) whether ERISA's saving clause applies to Alabama's bad faith law, saving it from preemption by ERISA; and (2) whether a sole shareholder of a corporation can be a "beneficiary," within the meaning of 29 U.S.C. § 1002(8). We hold that...

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