U.S. Court of Appeals for the Ninth Circuit, 1987

Kanne v. Connecticut General Life Insurance

Kanne v. Connecticut General Life Insurance
U.S. Court of Appeals for the Ninth Circuit · Decided July 23, 1987 · Fletcher, Pregerson, Wilkins
823 F.2d 284 (Federal Reporter, Second Series)

Counsel

Leonard Sacks, Encino, Cal., Carol A. Hay, and Andrew 0. Feringa, Lakewood, Cal., for plaintiffs-appellees-appellants., James S. Cline, Suzette Clover, David L. Bacon, and Bruce A. Beckman, Los Ange-les, Cal., for defendants-appellants-appel-lees.

Kanne v. Connecticut General Life Insurance

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Opinion of the Court

ORDER

The parties shall submit simultaneous briefs of not more than thirty (30) pages by August 17, 1987, addressing two issues:

1) Whether the insurance policy in question is a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq., and

2) Whether Cal.Ins.Code § 790.03(h)(2) is preempted by ERISA.

Oral argument may be scheduled at a later date.

This court’s opinion, filed June 4, 1987, 819 F.2d 204, is hereby withdrawn.

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