Louisiana Federal Magistrate Judge: Claim Against Stop-Loss Insurer Not Preempted
Mealey's (February 18, 2016, 11:59 AM EST) -- NEW ORLEANS — Two claims for recovery under Louisiana state law for alleged bad faith by a stop-loss insurer were dismissed with prejudice Feb. 16, but a third claim survived when a Louisiana federal magistrate judge found no preemption by the Employee Retirement Income Security Act (Candies Shipbuilders LLC v. Westport Insurance Corporation, No. 15-1798, E.D. La.; 2016 U.S. Dist. LEXIS 18263).
(Order available. Document #54-160309-028R.)
Citing Bank of Louisiana v. Aetna U.S. Healthcare Inc. (468 F.3d 237, 242 [5th Cir. 2006]), U.S. Magistrate Judge Joseph...