RIZZI v. BLUE CROSS OF SO. CALIFORNIA

Docket No. D006848.

206 Cal.App.3d 380 (1988)

253 Cal. Rptr. 541

ANTHONY M. RIZZI, Plaintiff and Appellant, v. BLUE CROSS OF SOUTHERN CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

December 2, 1988.


Attorney(s) appearing for the Case

COUNSEL

Stephen M. Shaw and Nicholas De Pento for Plaintiff and Appellant.

Gray, Cary, Ames & Frye, William S. Boggs, Charles L. Deem, Munger, Tolles & Olson and Daniel P. Garcia for Defendants and Respondents.


OPINION

WORK, J.

Anthony Rizzi appeals a summary judgment for Blue Cross of Southern California (Blue Cross) after the trial court concluded Rizzi's complaint — alleging, inter alia, violations of California Insurance Code section 790.03 in the denial of his claim for medical benefits under his employer's group insurance policy — was preempted by the Employee Retirement Income Security Act (ERISA; see 29 U.S.C.

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