ORDER
The parties shall submit simultaneous briefs of not more than thirty (30) pages by August 17, 1987, addressing two issues:
1) Whether the insurance policy in question is a plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq., and
2) Whether Cal.Ins.Code § 790.03(h)(2) is preempted by ERISA.
Oral argument may be scheduled at a later date.
This court’s opinion, filed June 4, 1987, 819 F.2d 204, is hereby withdrawn.