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FRANKOFF v. MUTUAL LIFE INS. CO. OF N.Y.

No. A14-89-00376-CV.

792 S.W.2d 764 (1990)

Richard and Donna FRANKOFF, Appellants, v. MUTUAL LIFE INSURANCE CO. OF NEW YORK, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 5, 1990.

Attorney(s) appearing for the Case

Susan Allinger, Lennon C. Wright, Houston, for appellants.

Frank W. Mitchell, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and JUNELL and DRAUGHN, JJ.

OPINION

JUNELL, Justice.

This dispute between two individuals and an insurance company requires us to decide whether federal legislation preempts state law causes of action relating to a medical insurance policy. The trial court awarded a summary judgment to the company on the basis of ERISA preemption. See Employment Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (1982). For the reasons given below, we reverse.

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