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Article: 9th Circuit says ERISA doesn't preempt state law claims
- Article from:
- Lawyers USA
- Article date:
- October 22, 2007
CopyrightCopyright 2007 Lawyers USA. Provided by ProQuest LLC. (Hide copyright information)
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ERISA doesn't preempt state law claims over an employer's alleged
promise to continue life insurance coverage to a terminally ill
employee, the 9th Circuit has ruled.
The employee was diagnosed with terminal cancer, and placed on
disability one year before she died. While she was working, her
employer deducted money from her paychecks for life insurance with a
$150,000 benefit.
However, several months before her death the employer terminated
that insurance plan and replaced it with a group plan which the
employee was not eligible for.
Her beneficiaries claimed that when she became terminally ill,