Impress Communications v. Unumprovident Corp.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

On December 26, 2002, Impress Communications (“Impress”) and Jeff D. Chiar-ella (“Chiarella”) (collectively, “Plaintiffs”) filed this class action against UnumProvi-dent Corp.; Benefits Technologies, Inc. (d/ b/a Benefit America); EBA Advisory Services, LLC; Unum Life Insurance Co. of American; Provident Life and Accident Insurance Co.; the Paul Revere Life Insurance Co.; and Colonial Life & Accident Insurance Co. (collectively, “Defendants”). The gravamen of the Complaint is that Defendants defrauded Plaintiffs into buying disability insurance policies from Defendants, though Defendants did not intend to provide the coverage as promised in the policies. Specifically, Plaintiffs assert claims for: (1) breach of fiduciary duty under the Employee Retirement Income Security Act (“ERISA”) and (2) violation of the prohibited activities section under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).

On February 7, 2003, Defendants removed the action to this court, asserting federal question jurisdiction because ERISA preempted Plaintiffs’ state law claims. In the Order Denying Plaintiffs’ Motion to Remand to…