PECKHAM v. GEM STATE MUT. OF UTAH

Nos. 90-6230, 90-6239.

964 F.2d 1043 (1992)

Andrea PECKHAM, as the Mother and Natural Guardian of Kyle M. Peckham, an infant, Andrea Peckham, individually, Plaintiffs-Appellants and Cross-Appellees, v. GEM STATE MUTUAL OF UTAH, a corporation, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

May 21, 1992.


Attorney(s) appearing for the Case

Glen Mullins, Oklahoma City, Okl., for plaintiffs-appellants and cross-appellees.

Jeffrey R. Oritt of Wilkins, Oritt & Rennow, Salt Lake City, Utah, for defendant-appellee and cross-appellant.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and JENKINS, Chief District Judge.


EBEL, Circuit Judge.

The threshold question raised by this appeal is whether the benefit program at issue is an "employee welfare benefit plan" under the Employee Retirement Income Security Act (ERISA). Because we answer this question affirmatively, we also address whether ERISA preempts state law doctrines of estoppel and substantial compliance with contract. We hold that state law estoppel doctrines are preempted by ERISA but that the doctrine of substantial compliance...

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