Carol P. Marcella v. Capital District Physicians' Health Plan, Inc.

SOTOMAYOR, Circuit Judge.

Plaintiff Carol Marcella purchased health insurance coverage from defendant Capital District Physicians’ Health Plan, Inc. (“CDPHP”) under a group health policy offered through the Latham Area Chamber of Commerce (the “Chamber”). After defendant refused to pay for plaintiffs out-of-plan surgery for a brain tumor, plaintiff sued CDPHP in New York Supreme Court raising various state-law claims. CDPHP removed to the United States District Court for the Northern District of New York, citing ERISA preemption as the basis for federal jurisdiction. The district court (Kahn,…