Elward v. Benicorp Insurance

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This cause is before the Court on a Motion of Dismiss Count One of the Plaintiffs complaint. The case was removed from state court to this Court on December 7, 2001. Defendant, Benicorp Insurance Company (Benicorp) filed a motion stating Count One was preempted by ERISA and should therefore be dismissed. The Plaintiff claims that, at this point in the litigation, it is too early to know if the claim is governed by ERISA.

The Plaintiff is the owner of South Side Supply, which applied for group health insurance through Benicorp. The Plaintiff was…