Judge Converts Motion To Dismiss, Orders Further Briefing In Bad Faith Suit

Mealey's (February 17, 2017, 12:52 PM EST) -- ALBUQUERQUE, N.M. — Unable to determine from the evidence provided whether an insured’s disability benefits plan is governed by the Employee Retirement Income Security Act of 1974 (ERISA), a federal judge in New Mexico on Feb. 14 converted the insurer’s motion to dismiss to a motion for summary judgment and ordered supplemental briefing (Sherry Evans-Carmichael v. Liberty Mutual Group Inc., No. 16-276, D. N.M., 2017 U.S. Dist. LEXIS 20599)....