Gorman v. Life Insurance Co. of North America

*543OPINION ON MOTION FOR REHEARING

GONZALEZ, Justice.

The opinion of January 30, 1991 is withdrawn and the following is substituted. Petitioners’ motion for rehearing is granted in part and overruled in part. Respondent Life Insurance Company of North America’s motion for rehearing is overruled.

The primary issue in this appeal involves determining the effect of the preemption provision of the federal Employee Retirement Income Security Act of 1974 (“ERISA”). 29 U.S.C. §§ 1001-1461 (1988). Beneficiaries under an accidental death policy that formed part of an employee benefit plan brought suit…