Insurer Urges Justices To Pass On ERISA Classification Case

Law360 (October 28, 2019, 5:56 PM EDT) -- American Family Insurance Co. urged the U.S. Supreme Court to pass on reviewing the Sixth Circuit’s decision that a class of roughly 7,200 insurance agents are independent contractors rather than benefits-eligible employees, saying the ruling didn’t create a circuit split.

The company wrote in an opposition brief Friday that its agents were mistaken when they told the Supreme Court in August that the Sixth Circuit’s approach to a legal test that determines employment status clashed with other courts’ approaches.

“There is no conflict warranting this court’s review,” American Family wrote.

The company argued that the Sixth Circuit was correct to start...

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