Bad Faith Claims Are Not Preempted By ERISA In Disability Suit, Judge Says

Mealey's (July 7, 2022, 1:39 PM EDT) -- SIOUX FALLS, S.D. — A disability claimant’s bad faith and breach of contract allegations can proceed because the claims are not preempted by the Employee Retirement Income Security Act, a South Dakota federal judge said June 30 after determining that the employee’s plan at issue is not governed by ERISA....