RICHARD v. INCOME SEC. CORP., INC.

No. 85-920.

492 So.2d 528 (1986)

Ronald E. RICHARD, Plaintiff-Appellee, v. INCOME SECURITY CORPORATION, INC., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

July 21, 1986.


Attorney(s) appearing for the Case

Davidson, Meaux, John G. Swift, Lafayette, for defendants-appellants.

Wayland H. Vincent, Crowley, for plaintiff-appellee.

Before GUIDRY, FORET and LABORDE, JJ.


LABORDE, Judge.

This case presents the question of whether the Employee Retirement Income Security Act (ERISA), 29 U.S.C. secs. 1001-1381 (1982), preempts the right of an employee enrolled in a self-insured employee benefit plan to receive notice of the cancellation of his coverage under LSA-R.S. 22:636. The trial court concluded that the Louisiana Insurance Code controls this issue, and granted the plaintiff employee's motion for summary judgment against his employer...

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