Rebecca T. Hubbard and Jim Hubbard v. Blue Cross & Blue Shield Association, Blue Cross & Blue Shield Association

DeMOSS, Circuit Judge:

Plaintiff Rebecca Hubbard 1 was a beneficiary under a group insurance policy regulated by the Employee Retirement Income Security Act (“ERISA”). 2 This appeal concerns whether Hubbard’s state-law fraudulent inducement claims — brought against a third party other than the insurer — are preempted by ERISA. We hold that one of Hubbard’s claims is preempted by ERISA and that the other claim is not preempted. We therefore AFFIRM the district court’s entry of judgment in favor of the defendant on one claim, and REMAND the other claim back to the district court.

BACKGROUND

Hubbard…