19 Employee Benefits Cas. 1708, Pens. Plan Guide P 23912q Dean Moideen John Wright Maribeth Kaye Kathleen Snyder Patricia Malczewski, as Trustees of United Healthcare Benefits v. Roxani M. Gillespie, Commissioner of the California Department of Insurance

55 F.3d 1478 19 Employee Benefits Cas. 1708 , Pens. Plan Guide P 23912Q Dean MOIDEEN; John Wright; Maribeth Kaye; Kathleen Snyder; Patricia Malczewski, as Trustees of United Healthcare Benefits, et al., Plaintiffs-Appellants, v. Roxani M. GILLESPIE, Commissioner of the California Department of Insurance, Defendant-Appellee. No. 93-55643. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided June 7, 1995. Michael D. Singer, Manhattan Beach, CA, for plaintiffs-appellants. Mark P. Richelson, Deputy Atty. Gen., Los Angeles, CA, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before: CANBY, LEAVY and T.G. NELSON, Circuit Judges. CANBY, Circuit Judge: OVERVIEW 1 United Health Care Benefits Trust ("UHBT") provides health benefit plans to small businesses. The State of California is trying to regulate UHBT as an insurance company. Dean Moideen, a trustee of UHBT, and others filed this action against the California Insurance Commissioner, contending that the federal Employee Retirement Income Security Act (ERISA) preempts the California Insurance Code's application to UHBT, and that the…