Judge Dismisses Bad Faith Suit, Allows Insured To Replead ERISA Claims
Mealey's (October 4, 2016, 2:31 PM EDT) -- FRESNO, Calif. — Dismissal of claims in an insurance breach of contract and bad faith lawsuit are proper because the claims are preempted by the Employee Retirement Income Security Act (ERISA), a federal judge in California ruled Sept. 30 (April Powell v. Unum Life Insurance Company of America, et al., No. 16-1197, E.D. Calif.; 2016 U.S. Dist. LEXIS 136311).
(Order available. Document #07-161010-034R.)
April Powell received long-term disability (LTD) benefits and a life insurance policy from Unum Life Insurance Company of America as part of her...