Bad Faith Barred by ERISA in 11th Circuit

January 12, 2010
By Chris Faiella on January 12, 2010 12:32 AM |
A long-term disability (LTD) policyholder's breach of contract and bad faith claims against his insurer were preempted by the Employment Retirement Income Security Act of 1974 (ERISA) and the statute of limitations, a panel of the 11th Circuit U.S. Court of Appeals ruled Dec. 30, upholding a trial court's grant of summary judgment to the insurer (Stuart S. Johnson v. Unum Provident, et al., No. 09-13687, 11th Cir.; 2009 U.S. App. LEXIS 28697).