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Barnes v. Provident Life and Accident Insurance Co.

Court: ED Tx  07/06/2020  District Court Adopts Recommendation and Finds that the Insured's State Law Claims were Preempted by ERISA

The court found that the employee benefit plan at issue satisfied all three prongs of the test in determining that ERISA preempts the insured's state law claims.

disability benefits insurance, salary allotment agreement, independent medical examination, breach of contract, unfair settlement practices, misrepresentation, breach of duty of good faith and fair dealing, prompt payment statute, ERISA, preemption

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