Bast v. Prudential Inurance Co. of America

DAVID R. THOMPSON, Circuit Judge:

Roger Timothy Bast, individually and as the personal representative of the estate of his late wife, Rhonda Rae Fleming Bast, and their minor son, Douglas Glenn Bast (“the Basts”) appeal the district court’s grant of summary judgment in favor of Prudential Insurance Company (“Prudential”). The Basts argue that Prudential acted in bad faith and breached its fiduciary duty to Rhonda Bast by delaying authorization for a potentially life-saving medical procedure. The district court held that all of the Basts’ state law claims were preempted by the Employee…