Midwest Security Life Insurance v. Stroup

I concur in the majority’s resolution of the ERISA preemption issue. I write separately because the ease may or may not be over, and the Court of Appeals expressed views with which I disagree as to the right to a jury trial in the courts of this state under Article I, Section 20 of the Indiana Constitution.

As the majority opinion observed, ERISA creates a federal statutory claim for recovery of “benefits due to [the beneficiary] under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan.” Employee…