Morris B. Silver M.D., Inc. v. International Longshore & Warehouse Union-Pacific Maritime Ass'n Welfare Plan

Morris B. Silver M.D., Inc. (Silver), sued the International Longshore and Warehouse Union-Pacific Maritime Association Welfare Plan (Plan) to recover payment for health care services provided to Plan policyholders. Silver’s action was dismissed on the ground all of its state law causes of action were preempted by the federal Employee Retirement Income Security Act of 1974 ( 29 U.S.C. § 1001 et seq.) (ERISA). We reverse the order dismissing the lawsuit and remand for further proceedings as set forth in this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

On October 8, 2014 Silver filed a complaint and on April 24, 2015 a first amended complaint against the Plan for breach of oral contract, quantum meruit, promissory estoppel and interference with contractual relations. The amended complaint alleged Silver had provided health care services to Plan policyholders for several years. Before rendering services, Silver, an out-of-network provider, called the Plan to determine the amount it would pay. The information supplied was memorialized in writing by Silver personnel on “an insurance verification sheet.” Silver also obtained written agreements from the policyholders ensuring…