Chamblin
Chamblin v. Reliance Standard Life Insurance
Opinion
Opinion
Larson, J.
ORDER RE DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S SECOND AND FOURTH CAUSES OF ACTION
INTRODUCTION
Defendant’s Motion to Dismiss Plaintiffs second and fourth claims was heard on June 18, 2001. Brian P. Evans appeared on behalf of Plaintiff Keith Cham-blin. Bruce P. Loper appeared on behalf of Defendant Reliance Standard Life Insurance Company.
Plaintiffs complaint alleges four causes of action: 1) Recovery of Policy Benefits, 2) Breach of Fiduciary Duty, 3) Declaratory Relief, and 4) Tortious Breach of Insurance Contract (bad faith).
IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss Plaintiffs second claim is denied. Defendant’s motion to dismiss Plaintiffs fourth claim is granted.
The court finds that the Reliance Standard long-term disability policy was an insurance plan covered by the Employee Retirement Income Security Act (ERISA). 29 U.S.C. §§ 1001 et seq. ERISA includes a statutory provision for breach of fiduciary duty; therefore, Defendant’s motion to dismiss Plaintiffs second cause of action is denied.
State common law causes of action arising from the improper processing of a claim made by a beneficiary of an ERISA benefit plan are preempted by federal law.…