Pearl v. Monarch Life Insurance Company, 289 F. Supp. 2d 324, 31 Employee Benefits Cas. 1936 (E.D.N.Y., October 30, 2003).
Dr. Pearl sued three different disability buy-out insurers that had issued such policies to him and his two partners, orthopedic surgeons. One of the insurance companies removed the case from state court, claiming that the Employee Retirement Income Security Act (“ERISA”) was applicable. Quadrino Schwartz vigorously fought the removal because of the potential harmful ramifications to Dr. Pearl in the event that ERISA were to apply to his case. The federal court agreed that ERISA did not apply in the context of a policy purchased only by three partners, for themselves for disability buy-out purposes. The court granted the motion of Quadrino Schwartz to remand the case back to state court, holding that ERISA did not apply.
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