# Brown v. Granatelli

> Court of Appeals for the Fifth Circuit · April 11, 1990 · 897 F.2d 1351

URL: https://www.frixlaw.com/law-library/cases/8978428

## Case

- **Full name:** Judy C. BROWN and Lewis F. Brown, Individually and a/n/f of Reider P.M. Brown, A Minor, and Reise G.L. Brown, A Minor v. Andy GRANATELLI, As Trustee of Tuneup Masters, Inc. Employee Benefit Plan The Tuneup Masters, Inc. Employee Benefit Plan, and North American Life and Casualty Company
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** April 11, 1990
- **Citations:** 897 F.2d 1351; 1990 WL 32712
- **Precedential status:** Published
- **Opinion:** Concurrence by Reavley
- **Judges:** Brown, Higginbotham, Reavley
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8978428

## How later opinions describe it (automated extraction)

- concluding “that under Texas law stop-loss insurance is not accident and sickness insurance”

## Opinion text

REAVLEY, Circuit Judge,
concurring:
I agree with both of my colleagues that Tuneup Masters Employee Benefit Plan “does not incur any losses because of newborns with congenital defects, and the state is preempted by ERISA from requiring the Plan to include those losses.” Having decided that matter, the NALAC policy, which only reimburses the Plan for claims paid in excess of $30,000, presents us with no legal questions and the Browns with no benefits. NALAC insures no one for any claim until the Plan has paid a claim in excess of $30,000. The Texas statute does not rewrite the contract between the Plan and NALAC to provide first dollar coverage, for newborns only, and neither should this court.
I concur in the affirmance.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8978428. Public record. Not legal advice.