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New Strategies to Avoid ERISA Preemption
Health Administration Research Project 
July 5, 2001 Excerpt: The refusal of many federal courts to apply State insurance bad faith law to insurers and HMOs which contract with ERISA plans, in spite of ERISA's 'insurance saving clause', 29 USC 1144(b)(2)(A), is due primarily to their interpretation of the Supreme Court's decision in Pilot Life v. Dedeaux. They have assumed that ERISA's weak civil enforcement provisions, 29 USC 1132(a), were meant to be exclusive. Two recent cases suggest that this was not the Supreme Court's intent ... MORE >> |
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