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STANDARD INS. CO. v. MORRISON

No. 08-35246.

584 F.3d 837 (2009)

STANDARD INSURANCE COMPANY, Plaintiff-Appellant, v. John MORRISON, State Auditor, ex officio Commissioner of Insurance, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2009.

Attorney(s) appearing for the Case

Meir Feder, Jones Day, LLP, New York, NY, argued the cause for the plaintiff-appellant and filed the briefs. Phineas E. Leahey, Shawn Hanson, Katherine Ritchey, and Lara Kollios were also on the briefs.

James G. Hunt, Hunt Law Firm, Helena, MT, argued the cause for the defendant-appellee and filed the briefs.

Jeremiah J. Morgan, Bryan Cave, LLP, Kansas City, MO, filed a brief on behalf of amici curiae National Association of Insurance Commissioners.

Mary Ellen Signorille, AARP Foundation Litigation, Washington, DC, filed a brief on behalf of amici curiae AARP. Melvin R. Radowitz, AARP, was also on the brief.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and RAYMOND C. FISHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a state's practice of disapproving insurance policies with clauses vesting discretion in insurers runs afoul of the Employee Retirement Income Security Act of 1974.

I

A

Montana requires its commissioner of insurance to "disapprove any [insurance] form ... if the form ... contains ... any inconsistent, ambiguous, or misleading clauses or exceptions and conditions which deceptively affect...

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