In an action seeking payments under a disability insurance plan, the dismissal of the complaint on ERISA preemption grounds is reversed where 29 U.S.C. section 1132(a)(1)(B) did not completely preempt plaintiff's purely state-law action for breach of contract, negligent misrepresentation, quantum meruit and estoppel.
Argued and Submitted January 16, 2009
Filed September 10, 2009
Opinion by Judge W. Fletcher
Christopher H. White, Ross Dixon & Bell, Chicago, IL