Searles v. First Fortis Life Insurance Company, 98 F. Supp.2d 456 (S.D.N.Y May 24, 2000).
Mr. Searles was the owner of a large plastics manufacturing company. The company purchased a group disability insurance policy for its employees. The insurance company sought to apply ERISA and have the entire case dismissed. Quadrino Schwartz fought back by claiming that the Safe Harbor regulations applied, exempting the case from ERISA. After full-blown discovery and briefing by the parties, the court ruled that a jury trial must take place specifically on the question as to whether ERISA is applicable. Although many courts find that a jury trial cannot be conducted with regard to an ERISA claim, the court took the unusual step, as requested by Quadrino Schwartz, to schedule a jury trial regarding the threshold inquiry as to whether ERISA is applicable to the case
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