Court of Appeals for the Eleventh Circuit April 10, 2001, 99-15405 (Patricia W. Buce v. National Service Industries)

BARKETT, Circuit Judge,

concurring, in which POLLAK, District Judge, joins:

I concur in the majority opinion and write only to expand on the question of whether an ERISA plan provider and its *1150insured may agree that the plan’s terms are to be construed in accordance with state law.

I start with the principle that the parties to a contract have the right to define the terms of that contract.