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Insurance Broker Malpractice Claims Avoid ERISA Preemption Defenses
Health Plan Law 
[Guidance Overview] Sept. 3, 2008
Excerpt: The district court in Trelease reached the correct conclusion that, notwithstanding specific reference to ERISA in the state law complaint, the gravamen of the plaintiffs' complaint did not invoke ERISA's civil remedies and, therefore, averted preemption. In essence, the case argued by the plaintiffs amounted to no more than a state law malpractice claim against their insurance professionals.
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