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Home / Opinion Digests / Insurance – Auto – Med Pay – ERISA Preemption (access required)

Insurance – Auto – Med Pay – ERISA Preemption (access required)

Auto liability policyholders suing their carrier for medical payments after an auto accident do not have their breach of contract action preempted by ERISA because a policyholder has received medical coverage under an employee health plan. The policyholders maintain their claim is nothing more than a state contract cause of action over which the court has ...

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