AUGUST 2009 BAD FAITH CASES ERISA PREEMPTS BAD FAITH CLAIM (Philadelphia Federal)
In, Spillane v. AXA Financial, Inc., the court found that the insured’s disability claims, including his bad faith claims, which had been removed from state court to federal court, were preempted by ERISA.
Date of Decision: July 23, 2009
Spillane v. AXA Fin., Inc., CIVIL ACTION No. 08-2151, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2009 U.S. Dist. LEXIS 63739 (E.D.Pa. July 23, 2009) (Schiller, J.)