Excerpt: Before the Supreme Court, Moran argued that the independent review provision was in fact part of the contract between Rush and Moran, because Illinois is allowed to insist that insurance contracts contain certain minimum content. That is to say, Rush doesn't have to sell insurance contracts in Illinois, but if it does, it has to include things that Illinois requires in its insurance contracts. If there is a dispute about the enforcement of that contract, then ERISA controls.  MORE >>