Settles v. Golden Rule Ins. Co., No. 89-3242

• Court: United States Courts of Appeals. United States Court of Appeals (10th Circuit)
• Writing for the Court: Before MOORE, BRORBY, and EBEL; EBEL
• Citation: 927 F.2d 505
• Parties: Patricia Joanne SETTLES, Plaintiff-Appellant, v. GOLDEN RULE INSURANCE CO., Defendant-Appellee.
• Docket Number: No. 89-3242
• Decision Date: 05 March 1991

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927 F.2d 505 59 USLW 2553 Patricia Joanne SETTLES, Plaintiff-Appellant,
v.
GOLDEN RULE INSURANCE CO., Defendant-Appellee. No. 89-3242. United States Court of Appeals,
Tenth Circuit. March 5, 1991.

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Philip J. Adams, Jr. of Watson, Ess, Marshall & Enggas, Kansas City, Mo. (Dwight D. Sutherland, Jr. of Watson, Ess, Marshall & Enggas, Olathe, Kan., with him on the brief), for plaintiff-appellant.

Anthony F. Rupp of Shughart, Thompson & Kilroy, P.C., Overland Park, Kan. (Thomas G. Kokoruda of Shughart, Thompson & Kilroy, P.C., Kansas City, Mo., and Guy E. McGaughey, Jr. of McGaughey & McGaughey, Ltd., Lawrenceville, Ill., with him on the brief), for defendant-appellee.

Before MOORE, BRORBY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff Patricia Joanne Settles brought suit in the United States District Court for

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the District of Kansas, alleging that defendant Golden Rule Insurance Company's actions in terminating her husband's insurance coverage caused him to have a heart attack and die. Jurisdiction is based on diversity of citizenship. Plaintiff's cause of action specifically alleged state law claims of breach of contract, the tort of outrage, fraudulent denial of insurance coverage, and wrongful death. The district court, in response to defendant's motion to dismiss, held that the Employee Retirement Income Security Act (ERISA) preempted plaintiff's state law claims and dismissed the action for failure to state a claim upon which relief could be granted. ¹ Arguing that ERISA does not preempt her state law claims, plaintiff appeals the district court's order dismissing her cause of action against Golden Rule. We affirm. BACKGROUND

We recite the facts as they are alleged in the plaintiff's complaint. In 1984, plaintiff's husband, William L. Settles, was employed as an accounting clerk for the Long Motor Corporation (Long Motor) of Lenexa, Kansas. As an employment benefit, Mr. Settles was insured under a group policy issued by defendant which provided both life and health insurance. Under the group insurance policy, Long Motor paid a monthly premium to defendant and was required to give advance written notice to defendant if it intended to terminate coverage of an employee.

On October 17, 1986, Mr. Settles was advised by a representative of defendant that his health insurance coverage had been terminated. However, on October 22, 1986, Mr. Settles was told by an agent of defendant that his health insurance coverage had not been terminated and that he had effectively exercised an extension of his health insurance coverage. On October 24, 1986, Mr. Settles was notified by defendant that it had unilaterally terminated his health insurance coverage effective October 7, 1986. Plaintiff alleges that as a direct consequence of defendant's actions in terminating her husband's health insurance, he became severely depressed and suffered a heart attack on October 24, 1986. As a result of the heart attack, Mr. Settles died on October 29, 1986.

Plaintiff filed suit against defendant, alleging breach of contract, the tort of outrage, fraudulent denial of insurance coverage, and wrongful death under Kansas law. Defendant filed a motion to dismiss, arguing both that ERISA preempted plaintiff's state law claims, and alternatively that plaintiff had failed to state a claim under Kansas Law. The district court granted defendant's motion to dismiss, holding that ERISA preempted plaintiff's claim. Settles v. Golden Rule Ins. Co., 715 F.Supp. 1021 (D.Kan.1989). Arguing that there were insufficient facts before the district court for it to find that ERISA applied to Long Motor's employee benefit plan and that ERISA does not preempt her wrongful death claim, plaintiff appeals the dismissal of her cause of action.

DISCUSSION

We review de novo the granting of a motion to dismiss for failure to state a claim for which relief can be granted, and we presume that the allegations of the complaint are true. See Morgan v. City of Rawlins, 792 F.2d 975, 978 (10th Cir.1986). In reviewing the dismissal, we must determine whether plaintiff can prove any set of facts to support her claim. Id.

A. Whether ERISA Preemption Can Be Raised as a Defense in this Case.

ERISA applies only to benefit plans offered by employers engaged in interstate commerce. See 29 U.S.C.

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Sec. 1003(a)(1). On appeal, plaintiff first argues that ERISA cannot be applied to this case because there was no evidence before the district court which proved that Long Motor was engaged in business affecting interstate commerce. The defendant has the burden of proving the preemption defense. See Kanne v. Connecticut Gen. Life Ins. Co., 867 F.2d 489, 492 n. 4 (9th Cir.1988), cert. denied, 492 U.S. 906, 109 S.Ct. 3216, 106 L.Ed.2d 566 (1989). However, because plaintiff's complaint pleads ample facts to support the conclusion that Long Motor participated in business affecting interstate commerce, we find that plaintiff conceded that issue. ²

Plaintiff also argues that because she brought her action in diversity and did not raise any claims under ERISA in her complaint, we should look only to her complaint to establish jurisdiction. However, in Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 63-64, 107 S.Ct. 1542, 1546, 95 L.Ed.2d 55 (1987), the Court held that an action alleging only state law claims is removable to federal court if it gives rise to the defense of ERISA preemption. The Court explained that "[o]ne corollary of the well-pleaded complaint rule developed in the case law ... is that Congress may so completely pre-empt a particular area that any civil complaint raising this select group of claims is necessarily federal in character." Id. See also Ingersoll-Rand Co. v. McClendon, --- U.S. ----, 111 S.Ct. 478, 112 L.Ed.2d 474 (1990). Plaintiff's complaint alleged sufficient facts for the district court to determine whether it gave rise to the defense of ERISA preemption. The district court did not err in considering whether plaintiff's claims were preempted by ERISA.

B. Whether ERISA Preempts Plaintiff's Wrongful Death Claim.

Because the defense of ERISA preemption was properly considered by the district court, we must now determine whether the district court properly held that ERISA preempted plaintiff's wrongful death claim under Kansas law. Section 514(a) of ERISA states that:

"Except as provided in subsection (b) of this section, the provisions of this subchapter and subchapter III...