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CONOVER v. AETNA US HEALTH CARE, INC.

No. 01-5172.

320 F.3d 1076 (2003)

Sallee A. CONOVER, Plaintiff-Appellant, v. AETNA US HEALTH CARE, INC.; Aetna Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 20, 2003.

Attorney(s) appearing for the Case

Joseph F. Clark, Jr., Tulsa, OK, for Plaintiff-Appellant.

Mark D. Spencer (Henry D. Hoss and Amy T. Kranenburg) of McAfee & Taft, P.C., Oklahoma City, OK, for Defendants-Appellees.

Before O'BRIEN and McWILLIAMS, Circuit Judges, and BRORBY, Senior Circuit Judge.

BRORBY, Senior Circuit Judge.

Ms. Sallee Conover appeals from a district court decision holding her state law bad faith claim is preempted under the Employee Retirement Income Security Act. See Conover v. Aetna U.S. Healthcare, Inc., 167 F.Supp.2d 1317 (N.D.Okla. 2001). Ms. Conover argues her claim is not preempted because the Act saves "any law of any State which regulates insurance." See 29 U.S.C. § 1144...

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