Dale A. Crull and Theresa M. Crull, Husband and Wife v. Gem Insurance Company, a Utah Corporation

GOODWIN, Circuit Judge:

The plaintiffs’ employer “established” an “employee welfare benefit plan” under ERISA. The plaintiffs sued the insurer to recover benefits allegedly owed them under the plan. They pled their claims under state law, but those claims were preempted by ERISA. The plaintiffs also requested that their state law claims be treated as claims for relief under ERISA’s civil enforcement scheme. The District Court granted summary judgment to the defendant without considering the plaintiffs’ alternate request. We remand to permit the District Court to consider whether the plaintiffs…