Jancye H. Tierney v. Unum Life Insurance Company of America and Unum Provident Corporation

OPINION

SUSAN LARSEN, Justice.

This case involves ERISA 1 preemption of common law claims against a long-term disability insurer. Finding that the trial court erred in ruling that no fact question exists on whether ERISA preempted Tier-ney’s state law claims, we reverse and remand for further proceedings.

Facts

Tierney brought suit against UNUM Life Insurance Company of America and UNUM Provident Corporation (“UNUM”) for termination of her disability benefits under a long-term disability plan (“the Plan”) purchased by Special Insurance Services, Inc. (“SIS”). Tierney was an SIS corporate officer…