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CONN. GENERAL LIFE INSURANCE CO. v. INSURANCE COMMISSIONER

No. 98, Sept. Term, 2001.

810 A.2d 425 (2002)

371 Md. 455

CONNECTICUT GENERAL LIFE INSURANCE COMPANY v. INSURANCE COMMISSIONER FOR THE STATE OF MARYLAND.

Court of Appeals of Maryland.

November 4, 2002.

Attorney(s) appearing for the Case

David M. Funk (Derek B. Yarmis of Funk & Bolton, P.A., on brief), Baltimore, for appellant/cross-appellee.

Christina Gerstung Beusch, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, and Lisa Boylan Hall, Assistant Attorney General, on brief), Baltimore, for appellee/cross-appellant.

BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.

ELDRIDGE, Judge.

We issued a writ of certiorari in this case to determine whether certain provisions of the Maryland Insurance Code, in the Health Insurance title, are preempted by the federal Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832, 29 U.S.C. § 1001 et seq.

I.

In 1998, Maryland's General Assembly enacted a comprehensive program establishing standards for health insurers and their agents for reviewing benefit...

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