Waks

Barbara Waks appeals the district court’s summary judgment in favor of defendant Empire Blue Cross / Blue Shield (“Empire”) in this diversity action. Waks asserts state-law claims based on allegations that Empire improperly refused to make payments under Waks’ individual insurance policy. The district court granted summary judgment to Empire on the ground that the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (“ERISA”), preempted Waks’ claims.

Although Waks was initially insured under a group plan subject to ERISA regula *874 tion, her claims are based on Empire’s conduct after she had converted her group coverage to an individual policy. We must determine whether ERISA preempts state-law claims brought under that individual insurance policy. We conclude that it does not. An individual insurance policy is not subject to ERISA solely because it was created through the conversion of a group policy that was subject to ERISA. We therefore reverse the district court’s summary judgment and remand for further proceedings.

I

Waks initially obtained insurance coverage from Empire under an ERISA-regu-lated group insurance plan covering employees of her…