TIMM v. PRUDENTIAL INS. CO. OF AMERICA

No. 10CA0803.

259 P.3d 521 (2011)

Sherry M. TIMM, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, a/k/a Prudential Financial, a/k/a Prudential Disability Management Services, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

May 26, 2011.


Attorney(s) appearing for the Case

Dennis P. Walker , Denver, Colorado, for Plaintiff-Appellant.

Gordon & Rees LLP, Franz Hardy , Lance J. Ream , Denver, Colorado, for Defendant-Appellee.


Opinion by Judge CASEBOLT.

The primary issue in this insurance dispute is whether certain provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. (2006), preempt the statutory insurance bad faith claim asserted under section 10-3-1116(1), C.R.S.2010, by plaintiff, Sherry M. Timm, against defendant, Prudential Insurance Company of America. We conclude that ERISA preempts this claim under principles of conflict...

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