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)....