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Should Employer Claims Against Stop Loss Carriers for Processing Errors & Delays Be Preempted by ERISA?
Health Plan Law 
[Guidance Overview] Aug. 28, 2008
Excerpt: This test for preemption, noted in Bank of La. v. Aetna US Healthcare, Inc., 2008 U.S. Dist. LEXIS 58090 (E.D. La. July 31, 2008). This framing of the preemption requirements, not uncommon, appears at odds with finding that an employer's allegations of delays in claims processing are preempted. The reason for thinking that the claims are preempted stems, I believe, from a misconception of the nature of stop loss insurance.
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