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PERDUE FARMS, INC. v. TRAVELERS CAS.

No. 04-2208.

448 F.3d 252 (2006)

PERDUE FARMS, INCORPORATED; Retirement Benefits Committee of the Perdue Savings Plan, formerly known as The Perdue Supplemental Retirement Plan, Plaintiffs-Appellees, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; Reliance Insurance Company, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 16, 2006.

Attorney(s) appearing for the Case

ARGUED: John Carney Hayes, Jr., Nixon Peabody, L.L.P., Washington, D.C., for Appellants. Stephen Richard Mysliwiec, DLA Piper Rudnick Gray Cary US, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Leslie Paul Machado, Kevin M. Colmey, Nixon Peabody, L.L.P., Washington, D.C., for Appellants. Victoria A. Bruno, DLA Piper Rudnick Gray Cary US, L.L.P., Washington, D.C.; Glen K. Allen, DLA Piper Rudnick Gray Cary US, L.L.P., Baltimore, Maryland, for Appellees.

Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

WILKINSON, Circuit Judge:

In this case an insurer issued its insured a policy that covered claims based on violations of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. § 1001 et seq. (West 2005), but that did not apply to claims for violations of wage and hour...

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