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LIBERTY NORTHWEST INS. CORP. v. KEMP

0103-02636; A118217.

85 P.3d 871 (2004)

192 Or. App. 181

LIBERTY NORTHWEST INSURANCE CORPORATION, an Oregon corporation, Respondent, v. William KEMP, Appellant.

Court of Appeals of Oregon.

Decided February 18, 2004.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for appellant. With him on the brief was Swanson, Thomas & Coon.

R. Daniel Lindahl, Portland, argued the cause for respondent. With him on the brief were Katherine S. Somervell, Portland, and Bullivant Houser Bailey PC.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

This case presents the following question: Does the Employment Retirement Income Security Act of 1974, commonly known as ERISA, preempt a common-law claim for breach of an employer-sponsored group medical insurance contract? In particular, the issue is whether ERISA preempts plaintiff, Liberty Northwest Insurance Corporation (Liberty), from enforcing a "Reimbursement and Subrogation" clause requiring defendant...

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