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BARBER v. UNUM LIFE INS. CO. OF AMERICA

No. 03-4363.

383 F.3d 134 (2004)

James BARBER v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Appellant.

United States Court of Appeals, Third Circuit.

September 7, 2004.

Attorney(s) appearing for the Case

E. Thomas Henefer, (Argued), Stevens & Lee, Reading, PA, for Appellant.

Joseph F. Roda, (Argued), Roda & Nast, Lancaster, PA, for Appellee.

Glen D. Nager, Jones Day, Washington, DC, for Amicus Curiae-Appellant, Chamber of Commerce of the United States.

Arnold R. Levinson, Pillsbury & Levinson, San Francisco, for Amicus Curiae-Appellee, United Policyholders.

Before SCIRICA, Chief Judge, RENDELL and ALARCON, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether ERISA preempts Pennsylvania's bad faith statute for insurance claims, 42 Pa.C.S. § 8371, through express or conflict preemption. The District Court denied defendant's Fed.R.Civ.P. 12(b)(6) motion moving for dismissal of plaintiff's bad faith claim based on ERISA preemption. Barber v. UNUM Life Ins. Co. of Am., No. 03-3018 (E.D. Pa. filed Sept. 9, 2003). Because we hold 42 Pa.C.S....

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