CURRY v. CINCINNATI EQUITABLE INS. CO.

Nos. 91-CA-1114-MR, 91-CA-1245-MR.

834 S.W.2d 701 (1992)

Joann CURRY, Appellant, v. CINCINNATI EQUITABLE INSURANCE COMPANY; Carl Curry; and St. Luke Hospital, Appellees. CINCINNATI EQUITABLE INSURANCE COMPANY, Cross-Appellant, v. Joann CURRY, Cross-Appellee.

Court of Appeals of Kentucky.

July 31, 1992.


Attorney(s) appearing for the Case

Bernard J. Blau, Gregory W. McDowell, Carl Turner, Cold Spring, for Joann Curry.

William T. Robinson III, Troy W. Skeens, Jr., Roger N. Braden, Covington, for Cincinnati Equitable Ins. Co.

Carl Curry, pro se.

Stephen J. Elsbernd, Newport, for St. Luke Hosp.

BEFORE GUDGEL, HOWERTON, and WILHOIT, JJ.


GUDGEL, Judge:

This is an appeal and cross appeal from an order entered by the Campbell Circuit Court dismissing the state law claims of appellant Joann Curry in an action filed to recover benefits allegedly due under a group health insurance policy. Appellant's state law claims were dismissed on the ground that these claims are preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. On direct appeal, Curry contends...

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