Bruenn

Plaintiff, Vaughn Bruenn (Bruenn), appeals following an order granting summary judgment in favor of defendant, Aetna Life Insurance Company (Aetna). He contends the trial court erred in determining his action was preempted by federal law. We affirm.

Background

Bruenn was hired by Hughes Helicopters, Inc. (Hughes) in 1982. As an employee of Hughes (and its successor, McDonnell Douglas), Bruenn participated in an employee benefit plan which included a program providing medical benefits (medical plan). The medical plan was administered by Aetna.

In April 1984, Bruenn underwent back surgery and submitted a claim for reimbursement of his surgeon’s fees. Aetna disallowed a portion of those fees on grounds they exceeded the reasonable and customary charges for comparable surgery and were thus not reimbursable under an exclusion in the medical plan.

In April 1985, Bruenn filed a complaint against Aetna stating causes of action in contract, fraud, infliction of emotional distress, and bad faith under Insurance Code section 790.03 (unfair practices in the business of insurance). Following discovery, Aetna moved for summary judgment.

The facts relevant to the summary judgment…