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Hall v. Blue Cross/Blue Shield of Alabama

United States Court of Appeals, Eleventh Circuit
Feb 4, 1998
134 F.3d 1063 (11th Cir. 1998)

Summary

holding that ERISA preempted claim that fraudulent misrepresentations regarding the scope of coverage induced plaintiff to enroll in her employer-provided health benefits plan

Summary of this case from Gross v. St. Agnes Health Care, Inc.

Opinion

No. 97-6250

Filed February 4, 1998

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. CV-96-L-3363-M

Before HATCHETT, Chief Judge, FAY and FARRIS, Senior Circuit Judges.

Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation.


The principal issue in this appeal is whether the Employee Retirement Income Security Act of 1974 (ERISA) preempts a state law fraudulent inducement claim. We affirm the district court's ruling that the claim is preempted.

BACKGROUND

When appellant Denise Hall learned that she would need to have an ovarian mass surgically removed, she consulted appellee Blue Cross Blue Shield of Alabama (Blue Cross), the insurer of her employer-provided health benefits plan. Blue Cross informed Hall that it would deny any insurance claim arising out of the surgery. After Hall proceeded with the surgery and incurred over $10,000 in medical expenses, she filed suit in the Circuit Court of Marshall County, Alabama, claiming that agents of Blue Cross fraudulently induced her to enroll in its plan based on material misrepresentations about the scope of insurance coverage for pre-existing conditions. Blue Cross removed the case to the United States District Court for the Northern District of Alabama, asserting that Hall's state law fraud claims were preempted under ERISA. The district court dismissed Hall's case on preemption grounds.

Hall worked as Dr. Joseph Kendra's office manager. She was responsible for making decisions about the insurance carrier for the employees' health benefits plan. In December 1994, Blue Cross agents approached Hall and Dr. Kendra to discuss changing the employees' medical insurance coverage from Aetna Casualty Surety Company (Aetna) to Blue Cross. Apparently concerned about coverage for her diabetic son, Hall inquired about the general scope of Blue Cross's coverage for preexisting conditions. The Blue Cross agents allegedly represented that known pre-existing conditions, such as Hall's son's diabetes, and any pregnancy-related conditions, would not be covered for a period of 270 days after the effective date of the Blue Cross policy. The agents allegedly told Hall that Blue Cross would be responsible for medical care associated with all other conditions that might arise. Based on these representations, Dr. Kendra, Hall and the staff decided to drop the existing insurance coverage with Aetna and to contract with Blue Cross, without securing overlapping coverage during the 270-day waiting period. Blue Cross's group health plan, which is an ERISA-governed employee welfare benefits plan, went into effect on January 1, 1995.

After a regular gynecological examination in April 1995, Hall was diagnosed with a mass on her right ovary. Before this diagnosis, Hall did not have any medical status or symptoms that would have indicated that she suffered from this condition. Blue Cross denied Hall's claim for the costs she incurred in having the mass surgically removed because the treatment was rendered during the 270-day waiting period for preexisting conditions.

Hall's state court complaint against Blue Cross asserted three counts: (1) "fraud in or around December, 1994"; (2) "suppression"; and (3) "fraud in the inducement." Hall alleged that because of Blue Cross's misrepresentations she did not secure other coverage during the 270-day exclusion period and did not request that Blue Cross modify its offer so as to cover unknown pre-existing conditions. She sought compensatory and punitive damages.

After timely removing the case to the district court, Blue Cross filed a motion to dismiss or, in the alternative, for summary judgment on the grounds that Hall's state claims were preempted under ERISA and that Hall had failed to exhaust her administrative remedies as required under Blue Cross's plan. Hall moved to remand the case to state court and declined the district court's grant of leave to file an amended complaint incorporating claims under ERISA. After entertaining oral argument on the motions, the district court denied Hall's motion to remand and granted Blue Cross's motion to dismiss, without prejudice.

DISCUSSION

The issue in this case is whether the district court erred in holding that ERISA preemption applies to Hall's claims based on fraudulent inducement. Hall contends that her claims arise solely under state law fraud doctrines. Blue Cross contends that Hall's claims implicate ERISA. We review de novo the district court's ERISA preemption analysis. O'Reilly v. Ceuleers, 912 F.2d 1383, 1385 (11th Cir. 1990).

Ordinarily, a cause of action does not arise under federal law unless the plaintiff's "well-pleaded complaint" presents a federal question. Kemp v. International Bus. Machs. Corp., 109 F.3d 708, 712 (11th Cir. 1997). Although Hall's complaint purports to rely exclusively on state law, she cannot avoid federal jurisdiction if her allegations involve an area of law that federal legislation has preempted. Caterpillar Inc. v. Williams, 482 U.S. 386, 393 (1987). Through ERISA, Congress specifically preempted "any and all State laws insofar as they may now or hereafter relate to any employee benefit plan . . . ." 29 U.S.C. § 1144(a) (1994). Moreover, in ERISA's civil enforcement section, Congress expressly provides the exclusive cause of action for the recovery of benefits governed under an ERISA plan. See Kemp, 109 F.3d at 712 (citing ERISA's civil enforcement provision, 29 U.S.C. § 1132(a)). Accordingly, if state law claims implicate ERISA's preemption clause and fall within the scope of ERISA's civil enforcement section, then they are converted into federal claims. Brown v. Connecticut Gen. Life Ins. Co., 934 F.2d 1193, 1196 (11th Cir. 1991).

The Supreme Court has broadly interpreted the phrase "relate to" in ERISA's preemption clause so as to include any state law claim having "`a connection with or reference to'" an employee benefits plan. New York Conference of Blue Cross Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645, 656 (1995) (quoting Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 96-97 (1983)). This court has further instructed that state law claims "relate to" an ERISA plan for preemption purposes "whenever the alleged conduct at issue is intertwined with the refusal to pay benefits." Garren v. John Hancock Mut. Life Ins. Co., 114 F.3d 186, 187 (11th Cir. 1997); see also Variety Children's Hosp., Inc. v. Century Med. Health Plan, Inc., 57 F.3d 1040, 1042 (11th Cir. 1995) ("Where state law claims of fraud and misrepresentation are based upon the failure of a covered plan to pay benefits, the state law claims have a nexus with the ERISA plan and its benefits system.").

Hall contends that her fraudulent inducement claims arise out of the manner in which Blue Cross "marketed" its insurance policy prior to her becoming a beneficiary of the Blue Cross plan. She claims that ERISA does not govern the sale of insurance, but instead governs only the administration of insurance. Hall's principal argument is that her fraudulent inducement claims are entirely independent of the existence of Blue Cross's plan because she can prove her case in state court without ever referencing the plan's terms and provisions. Hall claims that she can state a prima facie case of fraudulent inducement merely upon showing that Blue Cross's denial of coverage was inconsistent with its agents' representations, and she detrimentally relied on those misrepresentations. At no time, Hall argues, would she have to compare the agents' oral representations to Blue Cross's written policy.

Hall fails to consider the practical consequences of litigating her claims in state court. Ultimately, no court will be able to determine whether Hall has been fraudulently induced without resorting to the written policy and assessing the truth of the agents' representations. Because the terms of Blue Cross's ERISA-governed policy are critical to the resolution of Hall's fraudulent inducement claims, her cause of action is sufficiently related to an employee benefits plan to fall within ERISA's preemptive scope.

Under similar facts, this court reached the same conclusion in Franklin v. QHG of Gadsden, Inc., 127 F.3d 1024 (11th Cir., 1997). While working for Goodyear Tire and Rubber Company, Linda Franklin participated in an ERISA plan under which her husband, Ronia Franklin, was a beneficiary. Due to a series of strokes and other ailments, Mr. Franklin was bedridden and received 24-hour home nursing care that was covered under his wife's benefits plan with Goodyear. When Baptist Memorial Hospital (BMH) extended an employment offer to Mrs. Franklin, she accepted the position conditioned upon BMH's assurance that her husband would receive the same level of care that he was receiving under Goodyear's plan. The defendant, QHG of Gadsden (QHG), later purchased BMH and decided to modify the insurance plan to exclude coverage for 24-hour nursing care. The Franklins filed suit against QHG in state court alleging that Mrs. Franklin was fraudulently induced to leave her employment with Goodyear through misrepresentations regarding the medical coverage that would be provided to her husband if she accepted BMH's offer of employment. Arguing that ERISA preempted the Franklins' claim, QHG removed the case to district court and moved for summary judgment. Franklin, 127 F.3d at 1025-27.

In affirming the district court's summary judgement ruling in QHG's favor, this court reasoned that "a determination of the merits of appellants' state law [fraud] claims will require a court to compare the benefits available under the ERISA plans provided by BMH and QHG with those provided to its employees by Goodyear." Franklin, 127 F.3d at 1029. The court thus concluded that the Franklins' claims were preempted because they had "a direct connection to the administration of medical benefits under an ERISA plan." Franklin, 127 F.3d at 1029.

Likewise, substantiating Hall's allegation that Blue Cross misrepresented the scope of its coverage for pre-existing conditions ultimately requires a comparison between the agents' statements and the written policy. This necessary resort to the terms and provisions of Blue Cross's employee benefits plan plainly implicates ERISA. Hall's state law fraudulent inducement claims are therefore related to Blue Cross's administration of an ERISA-governed plan and, as such, are preempted.

For the foregoing reasons, we affirm the judgement of the district court.

AFFIRMED.


Summaries of

Hall v. Blue Cross/Blue Shield of Alabama

United States Court of Appeals, Eleventh Circuit
Feb 4, 1998
134 F.3d 1063 (11th Cir. 1998)

holding that ERISA preempted claim that fraudulent misrepresentations regarding the scope of coverage induced plaintiff to enroll in her employer-provided health benefits plan

Summary of this case from Gross v. St. Agnes Health Care, Inc.

holding that plaintiff's claim for fraudulent inducement was preempted by ERISA

Summary of this case from Wilson v. Coman

holding that plaintiff's state law claim of fraudulent inducement was preempted because "the terms of [the policy] are critical to the resolution of [the claim]. . . .

Summary of this case from Satterly v. Life Care Centers of America

finding conflict preemption for fraudulent inducement claims because “no court will be able to determine whether [plaintiff] has been fraudulently induced without resorting to the written policy and assessing the truth of the agents' representation”

Summary of this case from Rafael Alcalde, D.D.S., P.A. v. Blue Cross & Blue Shield of Fla., Inc.

affirming district court's dismissal of plaintiff's claims on defensive preemption grounds where plaintiff made a demand for benefits under the ERISA plan and plaintiff's state law claims "related to" the ERISA plan

Summary of this case from Wilson v. Coman

preempting a state law claim based on alleged fraudulent marketing because "no court will be able to determine whether [the plaintiff] has been fraudulently induced without resorting to the written policy"

Summary of this case from Cicio v. Does

In Hall v. Blue Cross/Blue Shield of Alabama, 134 F.3d 1063, 1064 (11th Cir. 1998), the plaintiff claimed that agents of the insurance company fraudulently induced her to enroll in a plan based on representations as to the scope of coverage.

Summary of this case from Bridges v. Principal Life Ins. Co.

In Hall, the Eleventh Circuit affirmed the dismissal of state law fraud claims against a health insurer based on ERISA preemption, rejecting the plaintiff's "argument that her fraudulent inducement claims are entirely independent of the existence of Blue Cross's plan because she can prove her case in state court without ever referencing the plan's terms and provisions."

Summary of this case from Chilton v. Prudential Ins. Co. of America

In Hall, the Eleventh Circuit affirmed the dismissal of state law fraud claims against a health insurer based on ERISA preemption, rejecting the plaintiffs "argument that her fraudulent inducement claims are entirely independent of the existence of Blue Cross's plan because she can prove her case in state court without ever referencing the plan's terms and provisions."

Summary of this case from Chilton v. Prudential Insurance Company of America

In Hall, plaintiff argued that her fraudulent inducement claim was not preempted by ERISA because the claim arose from the manner in which defendant had marketed its insurance policy.

Summary of this case from Carter v. Blue Cross and Blue Shield of Florida

In Hall v. Blue Cross/Blue Shield of Alabama, 134 F.3d 1063, 1064 (11th Cir. 1998), the Court of Appeals for the Eleventh Circuit addressed the question of whether ERISA preempts a state law fraudulent inducement claim against an insurer based upon alleged misrepresentations made by the insurer's agents in marketing the policy.

Summary of this case from Stetson v. PFL Insurance
Case details for

Hall v. Blue Cross/Blue Shield of Alabama

Case Details

Full title:Denise Hall, Plaintiff-Appellant, v. Blue Cross/Blue Shield of Alabama…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Feb 4, 1998

Citations

134 F.3d 1063 (11th Cir. 1998)

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