Breach Of Contract Counterclaim Is Preempted By ERISA, Judge Says

Mealey's (March 31, 2022, 9:21 AM EDT) -- CINCINNATI — A disability insurer’s breach of contract counterclaim arising out of a claimant’s refusal to reimburse the insurer for an overpayment of disability benefits is preempted under the Employee Retirement Income Security Act and must be dismissed, an Ohio federal judge said March 22 in granting the claimant’s motion to dismiss the counterclaim....