Lederman

MEMORANDUM OF DECISION

This action was filed in the Califorhia Superior Court and removed here by the defendant citing the authority of 28 U.S.C. § 1331 (a) and § 1441(a). The plaintiff moves for remand to the state court. For reasons herein set forth, such motion will be granted.

The plaintiff is a “participant” under a group major medical plan (the plan) established by Mr. Lederman’s employer in conjunction with other members of the California Society of Certified Public Accountants. It has been stipulated that the plan is an “employee welfare benefit plan” within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1002 (1). The plan is administered by a trustee, who contracted with defendant Pacific Mutual Life Insurance Co. to issue a group insurance policy to implement the medical benefits that are provided for under the plan.

According to the complaint in this action, the plaintiff wife has been suffering from multiple sclerosis, and the defendant insurance company has refused to pay certain medical expenses that are due under the policy. The plaintiffs seek reimbursement for these expenses and punitive damages for the alleged bad faith…