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ELGIN v. GREAT-WEST LIFE ASSUR. CO

No. 1 CA-CIV 88-173.

163 Ariz. 176 (1989)

786 P.2d 1027

James Gerald ELGIN and Stanley W. Fogler, Plaintiffs-Appellants, Cross-Appellees, v. GREAT-WEST LIFE ASSURANCE COMPANY, a Canadian corporation, Defendant-Appellee, Cross-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied February 26, 1990.

Attorney(s) appearing for the Case

Beus, Gilbert, Wake & Morrill by Shawn K. Aiken, Phoenix, for plaintiffs-appellants, cross-appellees.

Sorenson & Moore by Joseph P. Rocco and Timothy W. Evens, Phoenix, for defendant-appellee, cross-appellant.

OPINION

KLEINSCHMIDT, Presiding Judge.

In this case we decide that Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987), is to be given retroactive effect. In Pilot Life, the United States Supreme Court held that the federal Employee Retirement Income Security Act of 1974 preempts state common law tort and contract actions to recover for the improper handling of claims under employee...

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