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MUNDA v. SUMMERLIN LIFE & HEALTH INS. CO.

No. 55308.

267 P.3d 771 (2011)

Janise MUNDA and Gibb Munda, Appellants, v. SUMMERLIN LIFE & HEALTH INSURANCE COMPANY, Respondent.

Supreme Court of Nevada.

December 29, 2011.

Attorney(s) appearing for the Case

Matthew L. Sharp Ltd. and Matthew L. Sharp , Reno; Friedman Rubin and William S. Cummings , Anchorage, Alaska, for Appellants.

Pisanelli Bice, PLLC, and Todd L. Bice , Debra L. Spinelli , and Jarrod L. Rickard , Las Vegas, for Respondent.

Before the Court En Banc.

OPINION

By the Court, DOUGLAS, J.:

In this appeal, we consider whether state law claims of negligence and negligence per se are preempted by the Employee Retirement Income Security Act (ERISA). In a recent opinion, Cervantes v. Health Plan of Nevada, 127 Nev. ____, 263 P.3d 261 (2011), we concluded that these same claims were preempted; however, this is a fact-intensive...

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