Pamela Chambers Gorman

Summary

The Texas Supreme Court held that ERISA preempts the breach of fiduciary‑duty claim against Tenneco, removing the state court’s jurisdiction, but that the breach‑of‑contract claim against LINA for benefits due under the plan is not preempted and may be decided under a de novo standard. The Court also ruled that ERISA preemption is an affirmative defense that must be pleaded, and that there is sufficient evidence to support the jury’s finding that Dale Gorman was on business at the time of his death. Accordingly, the judgment against Tenneco was affirmed, the judgment against LINA was reversed and remanded, and the court affirmed its authority to award attorney’s fees and prejudgment interest. Justice Doggett, concurring, warned that the preemption rule allows insurers to evade liability and urged that the trial court consider the uniform policy permitting recovery of prejudgment interest.