Schwartz v. Provident Life & Accident Insurance

ORDER

ROSENBLATT, District Judge.

Pending before the Court is Defendant Provident Life and Accident Insurance Company’s Motion for Summary Judgment (doc. # 11) and Plaintiffs Cross-Motion for Partial Summary Judgment Re ERISA (doc. # 16). Having considered the parties’ memoranda and the oral argument of counsel, the Court finds that the plaintiffs motion should be granted, and the defendant’s motion denied, because ERISA does not preempt the plaintiffs state law claims inasmuch as the plaintiffs disability insurance policy is not part of an ERISA-governed employee welfare plan.

The Court…