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Gonzalez v. Blue Cross Blue Shield Association

Court: ND Tx  04/26/2021  Insured's State Law Claims under Employee Benefit Plan Preempted and Therefore Dismissed

A court of the Northern District of Texas granted an insurer's motion to dismiss, finding state law claims by an insured against the insurer under an employer-sponsored health benefit plan for breach of contract, breach of the duty of good faith and fair dealing, for violations of Texas Insurance Code Sec. 541, 542 and the DTPA, and for negligent misrepresentation were preempted by federal law, and further dismissed without prejudice the insured's claims against the United States Office of Personnel Management for lack of subject matter jurisdiction.

FEHBA, employee sponsored health benefit plan, denial of claim, proton beam radiation therapy, appeal of claim, ERISA, federeral preemption, breach of contract, breach of the duty of good faith and fair dealing, Tex. Ins. Code Sec. 541, Tex, Ins. Code. Sec. 542, DTPA, negligent misrepresentation, motion to dismiss, subject matter jurisdiction, leave to amend

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