Emotional Distress Claim Is Not Preempted, California Federal Judge Determines

Mealey's (April 7, 2016, 9:43 AM EDT) -- SAN FRANCISCO — Because a claim for intentional infliction of emotional distress is only “tangentially related” to the administration of a disability plan, a claim for intentional infliction of emotional distress alleged against a disability insurer is not preempted by the Employee Retirement Income Security Act, a California federal judge said April 4 (John Kresich v. Metropolitan Life Insurance Co.,, No. 15-5801, N.D. Calif.; 2016 U.S. Dist. LEXIS 45503).

(Opinion available. Document #17-160411-014Z.)

John Kresich filed suit in the San Francisco Superior Court against Metropolitan Life...
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