Legal Opinion

Mapp v. American General Assurance Co.

District Court, M.D. Alabama

Decided December 12, 2008No. Civil Action 3:08cv298-MHTPublished

1Opinion of the Court

OPINION AND ORDER

MYRON H. THOMPSON, District Judge.

Plaintiff Benjamin Mapp filed this lawsuit against defendant American General Assurance Company, asserting that it failed to pay benefits due to him after he suffered a heart attack in September 2006. Mapp originally filed suit in state court, asserting state-law claims of breach of contract and bad faith. American General removed to this court, contending: first, Mapp’s state-law claims are preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461 and thus this court has federal-question jurisdiction;…

2Cases cited16 opinions

  1. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  2. University of South Alabama v. American Tobacco Co.Court of Appeals for the Eleventh Circuit · 1999
  3. Jacqueline Burns v. Windsor Insurance Co.Court of Appeals for the Eleventh Circuit · 1994
  4. Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
  5. Miriam W. Williams v. Best Buy Co., Inc.Court of Appeals for the Eleventh Circuit · 2001

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