Harding v. Provident Life & Accident Insurance

MEMORANDUM OPINION

NORA BARRY FISCHER, District Judge.

I. INTRODUCTION

In this case, the parties dispute whether a long-term disability plan purchased by Plaintiff Theresa Harding (“Plaintiff’ or “Harding”) from Defendant Provident Life and Accident Insurance Company of America (“Provident”) constitutes an ERISA1 plan, thereby preempting Plain*406tiffs state law claims for breach of contract, bad faith and unfair trade practices against Provident and Defendant Unum Group (“Unum”) (collectively, “Defendants”).2 This dispute was initially presented by way of a motion to dismiss under Rule 12(b)(6)…