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CENTRAL STATES v. HEALTH SPECIAL RISK, INC.

No. 13-10705.

756 F.3d 356 (2014)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, an Employee Welfare Benefit Plan, by Arthur H. BUNTE, Jr., a Trustee thereof, in his representative capacity, Plaintiff-Appellant, v. HEALTH SPECIAL RISK, INCORPORATED; Markel Insurance Company; Federal Insurance Company; Ace American Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 23, 2014.

Attorney(s) appearing for the Case

Francis J. Carey (argued), Supervisory Attorney, Rosemont, IL, Roger Earl Albright , Law Offices of Roger Albright, Dallas, TX, for Plaintiff-Appellant.

Alicia Grace Curran, Esq. , Cozen O'Connor, P.C., Dallas, TX, Raymond A. Kresge (argued), Cozen O'Connor, P.C., Philadelphia, PA, for Defendants-Appellees.

Before BARKSDALE, CLEMENT, and OWEN, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In this insurance coverage dispute, Plaintiff — a large ERISA provider — seeks a declaration that Defendants — three independent, non-ERISA insurance providers — are bound by the terms of the ERISA plan and primarily liable for injuries sustained by individuals covered by the parties. The district court granted Defendants' motion to dismiss for failing to seek equitable relief under ERISA § 502(a...

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