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BILL GRAY ENTERPRISES, INC. EMP. H & W v. GOURLEY

Nos. 00-3412, 00-1400.

248 F.3d 206 (2001)

BILL GRAY ENTERPRISES, INCORPORATED EMPLOYEE HEALTH AND WELFARE PLAN, by Bill Gray Enterprises, Inc., in its fiduciary capacity as plan administrator, v. Ronald L. GOURLEY; Judith L. Gourley; Erie Insurance Exchange. Ronald L. Gourley, Appellant at No. 00-3412. Bill Gray Enterprises, Incorporated Employee Health and Welfare Plan, by Bill Gray Enterprises, Inc., in its fiduciary capacity as plan administrator, Appellant at No. 00-1400.

United States Court of Appeals, Third Circuit.

Filed April 26, 2001.

Attorney(s) appearing for the Case

ROGER L. WISE, ESQUIRE (ARGUED), Heintzman, Warren, Weis & Fornella, Gulf Tower, 35th Floor 707 Grant Street Pittsburgh, Pennsylvania 15219, Attorney for Ronald L. Gourley and Judith L. Gourley.

RICHARD B. TUCKER, III, ESQUIRE (ARGUED), Tucker Arensberg, 1500 One PPG Place Pittsburgh, Pennsylavania 15222, Attorney for Bill Gray Enterprises, Incorporated Employee Health and Welfare Plan, by Bill Gray Enterprises, Inc., in its fiduciary capacity as plan administrator.

SUSAN H. MALONE, ESQUIRE (ARGUED), RICHARD DiSALLE, ESQUITE Rose, Schmidt, Hasley & DiSalle 900 Oliver Building Pittsburgh, Pennsylvania, 15222, Attorneys for Erie Insurance Exchange.

BEFORE: BECKER, Chief Judge, SCIRICA and FUENTES, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The principal issue on appeal is whether a self-funded employee benefit plan which purchases stop-loss insurance from a third party insurance provider is subject to Pennsylvania laws governing the enforcement of anti-subrogation clauses in insurance contracts. We join our sister circuits in holding a self-funded employee benefit plan with stop-loss insurance is not deemed an insurance provider under the Employee...

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