(DOWNLOAD) "James C. Cathey and Bette Cathey v. Metropolitan Life Insurance Co." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: James C. Cathey and Bette Cathey v. Metropolitan Life Insurance Co.
- Author : Supreme Court Of Utah
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
This is an appeal in a case involving "ERISA," the Employees Retirement Income Security Act of 1974. 29 U.S.C. ?? 1001-1461 (1988). An employee and his wife brought state law claims against his employer and its insured for alleged wrongful denial of a claim for in-home nursing care. The trial court granted a summary judgment to the defendants. The court of appeals affirmed the judgment of the trial court. 764 S.W.2d 286. We are called upon to decide whether causes of action stated under: 1) article 21.21, section 16 of the Texas Insurance Code; 2) section 17.50(a)(4) of the Texas Deceptive Trade Practices Act; and 3) article 3.62 of the Texas Insurance Code are superseded by the provisions of ERISA. We hold that ERISA preempts these causes of action in this case. We therefore affirm the judgment of the court of appeals.
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