Missouri Federal Court Reaffirms Fundamental Principle: Employer’s Purchase of Stop Loss Insurance Does Not Alter Self-Funded Character of Plan
January 29, 2010 | Missouri, Preemption, Stop Loss | No CommentsThe Boeing Company v. Thurmon, No. 4:09-cv-1456, in the United States District Court for the Eastern District of Missouri, December 7, 2009. This is a subrogation case, significant for its fresh and express reiteration of the bedrock proposition that purchase of stop loss insurance by the sponsor of a self-insured employee benefit plan does not affect pre-emption analysis. In other words, a self-insured plan is still a self-insured plan, despite the existence of excess loss coverage. Read more
