182264P.pdf   07/23/2019  Air Evac EMS, Inc.  v.  USAble Mutual Insurance Co.
   U.S. Court of Appeals Case No:  18-2264
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Melloy, Author, with Benton and Kelly, Circuit Judges] 
   Civil case - ERISA. In action seeking an injunction and reformation of 
   defendant's insurance plans so they do not include limits on benefits for 
   emergency air ambulance transportation, plaintiff did not have the right 
   to seek equitable relief under ERISA because it was not a participant, 
   beneficiary, or fiduciary, or the assignee or an participant, beneficiary 
   or assignee; the assignments it obtained from insured parties did not 
   convey the right to sue for equitable relief under Sec. 1132(a)(3) of the 
   Act; with respect to plaintiff's claims under the Arkansas Deceptive 
   Practices Act, the district court did not err in finding defendant's 
   conduct was not actionable because it fell within the Act's safe harbor 
   for actions or transactions permitted under the laws administered by the 
   Insurance Commissioner; no error in rejecting plaintiff's breach of 
   implied contract or unjust enrichment claims.