Judge Finds ERISA Inapplicable To Blue Cross Data Breach Suit, Grants Remand

Mealey's (July 20, 2015, 1:43 PM EDT) -- SAN DIEGO — The Employee Retirement Income Security Act (ERISA) does not apply to a class action suit against an insurer related to a data breach because the claims pertain to the insurer’s purported duty to safeguard policyholders’ personal identifying information (PII) and not coverage issues, a California federal judge ruled July 14, remanding the matter for lack of federal jurisdiction (Steve Wickens v. Blue Cross of California Inc., No. 3:15-cv-00834, S.D. Calif.; 2015 U.S. Dist. LEXIS 92143)....