Burghart v. Connecticut General Life Insurance Co.

OPINION

BLEIL, Justice.

Edna Burghart appeals from the trial court’s granting of a summary judgment in favor of Connecticut General Life Insurance Company. The primary question on appeal is whether a genuine issue of material fact exists as to whether Burghart’s state law claims against the insurance company were preempted by federal law. We determine that summary judgment was improper because a fact issue exists as to whether the insurance plan is a plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001-1461 (West 1985 & Supp.1990); furthermore, summary…