The en banc court took this case, which raises questions about the scope of liability of an ERISA plan administrator and fiduciary for allegedly misrepresenting a plan beneficiary's coverage in its advice to a provider of health devices. The panel concluded that three of the provider's state law claims, for negligent misrepresentation, promissory estoppel and violations of the Texas Insurance Code, were not preempted by ERISA. The circuit court reinstates the panel opinion and overrules, to the extent inconsistent with its reasoning, the 5th circuit opinions in Cypress Fairbanks, Hermann I and Hermann II. 5th U.S. Circuit Court of Appeals, No. 10-20868, 10-05-2012.
Access Mediquip L.L.C. v. Unitedhealthcare Insurance Co.
October 11, 2012