Allegheny International, Inc. v. Metropolitan Life Insurance

145 B.R. 820, 1992 U.S. Dist. LEXIS 15535
CourtDistrict Court, W.D. Pennsylvania
DecidedJuly 7, 1992
DocketCiv. A. No. 92-873, Bankruptcy No. 88-448
StatusPublished
Cited by14 cases

This text of 145 B.R. 820 (Allegheny International, Inc. v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allegheny International, Inc. v. Metropolitan Life Insurance, 145 B.R. 820, 1992 U.S. Dist. LEXIS 15535 (W.D. Pa. 1992).

Opinion

MEMORANDUM OPINION

COHILL, Chief Judge.

Before the Court is Allegheny International’s appeal from the bankruptcy court’s determination that certain claims filed against it by Metropolitan Life Insurance Company are entitled to priority under section 507(a)(4) of the Bankruptcy Code. For the following reasons, we will affirm the decision of the bankruptcy court.

I. BACKGROUND

The relevant facts of this case are not in dispute. Allegheny International, Inc., now Sunbeam-Oster Company, Inc. (“AI”), filed a petition for Chapter 11 Bankruptcy protection on February 20, 1988 (the “filing date”). Prior to the filing date, Metropolitan Life Insurance Company (“Metropolitan”) issued to AI a group insurance policy providing life insurance to certain pensioners of AI and its subordinates, along with more extensive insurance coverage, such as disability insurance to current employees (the “group insurance policy”). AI did not pay Metropolitan for coverage provided under those policies from January 1, 1988 until the filing date (February 20, 1988).

In addition to providing the insurance policies described above, Metropolitan also contracted with AI to perform certain administrative, actuarial and claim services to AI in connection with several self-insured health care and disability benefit plans maintained by AI and its subsidiaries for their current and former employees (the “administrative services agreement”).

Metropolitan’s administrative services included assisting AI in revising benefit plans, putting together information booklets, preparing financial reports concerning the plans, and preparing disclosure forms. Metropolitan’s actuarial services included estimating future claims and costs and calculating rates. Its claims services included advice concerning the submission, processing and payment of claims, the provision of auditing services, advice concerning contro *821 versial claims, monthly accounting services, and reports to the Internal Revenue Service. Metropolitan also paid claims against AI’s various self-insurance plans by issuing drafts against a bank account maintained by AI.

In exchange for providing these administrative services, Metropolitan received a flat fee, a dollar amount for each claim paid, and a percentage of the aggregate amount of all claims paid. AI has not paid Metropolitan for services performed in December, 1987 and January and February of 1988.

On the filing date, the bankruptcy court entered Orders (“first day orders”) authorizing AI and its subsidiaries to pay certain pre-petition wages and employee benefits, pre-petition medical and life benefits to retirees in accordance with existing plans, and to make all payments necessary to effectuate the Court’s Orders, including payments necessary to continue insurance coverage and to provide for the administration of benefits payable to retirees.

Metropolitan continued to pay benefits under AI’s Self-Insured plans by drawing on AI’s bank accounts, including claims based on medical services rendered prior to the filing date. Metropolitan was paid for its post-petition services and was paid all of the premiums due for post-petition coverage on the group insurance policy.

Metropolitan filed a proof of claim with the bankruptcy court in May, 1988 for insurance premiums due under the group life insurance policy issued to AI and for fees due under the administrative services agreement. In paragraph ten of its proof of claim Metropolitan stated that:

Metropolitan asserts priority in the amount of $1,486,350 as expenses of administration pursuant to §§ 503(b) and 507(a)(1) of the United States Bankruptcy Code (“Code”) by reason of the fact that such obligations arose post-petition. Alternatively, in the event that the Court should ever find that ant portion of Metropolitan’s claim are pre-petition, Metropolitan asserts priority under § 507(a)(4) of the Code as to that portion of its claims which the Court finds arises from or relates to services rendered within 180 days before the date of the filing of the petition.

On January 1, 1989, the bankruptcy court reduced the amount of Metropolitan’s claim to $679,655 because of the payments AI had made to Metropolitan pursuant to the first day orders. Metropolitan’s remaining claim consists of the following:

Premiums for life, accidental death and dismemberment and excess long term disability insurance for active employees $209,545.00
Premiums for life insurance for retirees $114,110.00
Fees charged under the administrative services agreement for servicing the medical benefit plans for retirees $85,440.00
Fees charged under the administrative services agreement for servicing the medical benefit plans for active employees $270,560.00
Total $679,655.00

The parties are in agreement that these amounts are for pre-petition premiums and service fees and do not involve any post-petition debts.

In March, 1990, AI filed a Motion to Reclassify Metropolitan’s claim as a non-priority general unsecured claim. On February 27, 1992, Judge Cosetti issued an Opinion and Order allowing Metropolitan’s claim to proceed as an administrative priority claim pursuant to 11 U.S.C. § 507(a)(4). 138 B.R. 171. This appeal followed.

II. DISCUSSION

Section 507(a)(4) of the Bankruptcy Code states in relevant part:

*822 (a) The following expenses and claims have priority in the following order:
(1) ....
(2) ....
(3) ....
(4) Fourth, allowed unsecured claims for contributions to employee benefit plans—
(A) arising from services rendered within 180 days before the date of the filing of the petition or the date of the cessation of the debtor’s business, whichever occurs first; but only
(B) for each such plan the extent of—
(i) the number of employees covered by such plan multiplied by $2,000.00; less
(ii) the aggregate amount paid to such employees under paragraph (3) of this subsection, plus the aggregate amount paid by the estate on behalf of such employees to any other employee benefit plan.

Judge Cosetti noted in his February 20, 1992 Opinion noted that the term “employee benefit plan” is not defined in the Bankruptcy Code. Because other Courts have done so in similar situations, Judge Cosetti looked to the definition of the term employee benefit plan provided in the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001

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Bluebook (online)
145 B.R. 820, 1992 U.S. Dist. LEXIS 15535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allegheny-international-inc-v-metropolitan-life-insurance-pawd-1992.