"[T]he Ninth Circuit determined that the Hawai'i Statutes are saved from preemption under [ERISA Section 514], ... because the laws are specifically directed toward entities engaged in insurance and they substantially affect the risk pooling arrangement between the insurer and the insured. Lastly, the Ninth Circuit determined that the statutes supply the rule of decision for Rudel's reconfigured ERISA claim. This is because they are saved from preemption under Section 514 and they do not impermissibly expand the scope of liability under Section 502(a). In other words, Rudel does not get a remedy that could not be awarded under Section 502(a)." [Rudel v. Hawai'i Management Alliance Association, Nos. 17-17395, 17-17460 (9th Cir. Sept. 11, 2019)]  MORE >>