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SNOOK v. PENN STATE GEISINGER HEALTH PLAN

No. 4:CV-00-1339.

241 F.Supp.2d 485 (2003)

Michael SNOOK and Cassandra Snook, H/W, Individually and as Parents and Natural Guardians of Austin Snook, a minor, Plaintiffs v. PENN STATE GEISINGER HEALTH PLAN, Defendant

United States District Court, M.D. Pennsylvania.

January 31, 2003.

Attorney(s) appearing for the Case

Terry W. Light, Brann & Light, P.C., Lewisburg, PA, Andrew S. Kessler, Senoff & Griffith LLP, Philadelphia, PA, David S. Senoff, Billet & Connor, Philadelphia, PA, for plaintiffs.

Steven Schildt, Post & Schell, Philadelphia, PA, Kenwyn M. Dougherty, Philadelphia, PA, Richard McMonigle, Jr., Post & Schell, PC, Philadelphia, PA, for defendant.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

The sole issue before us is whether a claim under Pennsylvania's bad-faith statute, 42 Pa.C.S.A. § 8371, is preempted by ERISA.

Plaintiffs Michael and Cassandra Snook (the Snooks) filed a three-count amended complaint against the Penn State Geisinger Health Plan (Geisinger), their ERISAcontrolled employee benefit plan. The complaint focuses on a dispute over Geisinger's...

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