David Davidian Audrey R. Davidian v. Southern California Meat Cutters Union and Food Employees Benefit Fund

Appellant Davidian is a beneficiary of defendant Employees Benefit Fund. He seeks recovery of certain benefits denied him, claiming a Fund employee misled him as to the limitations of a health insurance plan. We affirm summary judgment for the Fund.

I

Davidian was preparing to retire. The Fund gave him the option of continuing to participate and a choice of three benefits programs. A Fund employee allegedly de scribed the third benefit program as paying “approximately 80%” of major medical expenses, and as similar to Davidian’s prior coverage, but did not mention that, unlike Davidian’s prior coverage, reimbursement of major medical expenses under the new plan was capped at $20,000. Davidian alleges that had he known of the cap, he would have sought other health coverage. Davidian underwent heart surgery, and the Fund declined to pay his medical expenses in excess of $20,000. Davidian filed suit in Los Angeles County Superior. Court. The fund removed the action to federal court.

The district court granted summary judgment, holding (1) Davidian’s state law claims for bad faith, fraud, deceit, and breach of fiduciary duties were preempted by the Employee Retirement Income…