Legal Opinion

Elgin v. Great-West Life Assurance Co.

Court of Appeals of Arizona

Decided October 19, 1989No. 1 CA-CIV 88-173PublishedCited by 4 opinions

1Opinion of the Court

OPINION

KLEINSCHMIDT, Presiding Judge.

In this case we decide that Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987), is to be given retroactive effect. In Pilot Life, the United States Supreme Court held that the federal Employee Retirement Income Security Act of 1974 preempts state common law tort and contract actions to recover for the improper handling of claims under employee benefit plans.

The issue arose in the following manner. The plaintiff, James Elgin, owned and operated a small business. In 1984, he was severely injured at his place of business when a…

2Cases cited35 opinions

  1. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  2. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  3. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  4. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  5. Blau v. Del Monte Corp.Court of Appeals for the Ninth Circuit · 1984

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3Cited by4 opinions

  1. Hollaway v. UNUM Life Insurance Co. of AmericaSupreme Court of Oklahoma · 2003
  2. Felton v. Unisource Corp.District Court, D. Arizona · 1990
  3. Blood Systems, Inc. v. RoeslerDistrict Court, D. Arizona · 2013
  4. Hollaway v. UNUM Life Insurance Co. of AmericaSupreme Court of Oklahoma · 2003

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