00-2544 Neuma Inc. v. AMP, Inc., et al.

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“Neuma’s claim in Count II is that AMP, as the plan administrator, misrepresented the terms and conditions of Larsen’s life insurance program, causing Neuma to purchase the rights to a policy that was far less valuable than it was led to believe. The closest analogue to an ERISA cause of action would appear to be a claim for breach of a fiduciary duty by AMP in negligently misrepresenting the terms of the plan. However, when Neuma requested this information, prior to its purchase of Larsen’s right to benefits, it was not a participant or beneficiary to whom AMP would have owed a fiduciary duty. See 29 U.S.C. sec. 1104 (stating that, under ERISA, a fiduciary must ‘discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries’); see also Uselton v. Commercial Lovelace Motor Freight, Inc., 940 F.2d 564, 582-83 (10th Cir. 1991). In light of the fact that Neuma’s claim in Count II does not fall within the scope of an ERISA provision that it can enforce via Section 502(a), we do not believe that the claim is completely preempted by ERISA.”

Reversed and remanded.

Appeal from the United States District Court for the Northern District of Illinois, Plunkett, J., Ripple, J.