Bad Faith, Fraudulent Misrepresentation Claims Preempted By ERISA

Mealey's (April 5, 2023, 11:29 AM EDT) -- SAN FRANCISCO — Bad faith and fraudulent misrepresentation claims alleged against a disability insurer are preempted by the Employee Retirement Income Security Act because the claims relate to an ERISA plan and the claimant can seek relief for the denial of her long-term disability (LTD)  benefits claim under ERISA, a California federal judge said in granting the disability insurer’s motion to dismiss....