Dale A. Crull and Theresa M. Crull, Husband and Wife v. Gem Insurance Company, a Utah Corporation

The plaintiffs’ employer “established” an “employee welfare benefit plan” under ERISA. The plaintiffs sued the insurer to recover benefits allegedly owed them under the plan. They pled their claims under state law, but those claims were preempted by ERISA. The plaintiffs also requested that their state law claims be treated as claims for relief under ERISA’s civil enforcement scheme. The District Court granted summary judgment to the defendant without considering the plaintiffs’ alternate request. We remand to permit the District Court to consider whether the plaintiffs are entitled to relief under ERISA’s civil enforcement scheme.

BACKGROUND

Dale Crull is an employee of Picture Perfect Electronic Contracting, Inc. (“Picture Perfect”). In 1990, Picture Perfect resolved to obtain health insurance for its employees. To that end, Picture Perfect entered into a “Trust Subscription Agreement and Application for Group Insurance” (the “Subscription Agreement”) with Inter-Mountain Employer’s Trust (“IMET”). IMET is a “multiple employer trust.” A multiple employer trust is an entity established to procure group insurance coverage for otherwise unrelated employers. By aggregating their…