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OWENS v. UNUM LIFE INS. CO.

No. 1:03-CV-79.

285 F.Supp.2d 778 (2003)

Carl David OWENS, Plaintiff, v. UNUM LIFE INSURANCE COMPANY, Defendant.

United States District Court, E.D. Texas, Beaumont Division.

October 6, 2003.

Attorney(s) appearing for the Case

Shimon Kaplan of Lone Star Legal Aid, Beaumont, TX, for Plaintiffs.

Douglas Kent Butler and Melissa Ann Mitchell of Figari, Davenport & Graves, LLP, Dallas, TX, for Defendants.

MEMORANDUM AND ORDER

CLARK, District Judge.

Carl Owens sued UNUM Life Insurance Company for benefits under a conversion disability policy he acquired after leaving his employer. Owens moved to strike UNUM's affirmative defense that Owens' state law claims are preempted by ERISA. The Fifth Circuit has not previously decided whether claims concerning such a conversion policy are preempted, and there is a split among other circuits. However, the conversion...

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