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Pensado v. Life Insurance Co. of North America

Court: WD Tx  10/03/2019  Insured's Tortious Interference Claim against Disability Plan Insurer Survives Motion to Dismiss

A Magistrate Judge for the Western District of Texas held that an insured's tortious interference claim against its insurer providing long-term disability insurance was not preempted by ERISA and denied the insurer's motion to dismiss but granted a motion to dismiss the policy itself as a named defendant.

disability benefits insurance, tortious interference, policy as named defendant, motion to dismiss, disability, ERISA, preemption

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