BALL v. LIFE PLANNING SERVICES, INC.

No. 20531.

421 S.E.2d 223 (1992)

187 W.Va. 682

Jack L. BALL, Kathryn Culp, Diane Davis, Regina Hardman, Lloyd J. Leggett, Laura Lightner, Tametta J. Richards, Danny Sigley, and Anna Smucker, Plaintiff Below, Appellants, v. LIFE PLANNING SERVICES, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1992.


Attorney(s) appearing for the Case

Thomas C. Cady, Morgantown, for appellants.

Boyd L. Warner, Scott E. Wilson, Francis L. Warder, Waters, Warner & Harris, Clarksburg, for appellee.


BROTHERTON, Justice:

The question now before this Court is whether a civil action which alleges insurer liability under W.Va.Code §§ 33-12-21 and 33-11-4(9) is pre-empted by the federal Employee Retirement Income Security Act of 1974 (ERISA).

The appellants are nine employees of the Clarksburg/Harrison County Public Library who appeal from an October 24, 1990, order of the Circuit Court of Harrison County dismissing their complaint against the appellee...

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