Does preemption apply when an employer is not obligated to continue to provide health benefits?
California, United States of America
The following excerpt is from Marshall v. Bankers Life & Casualty Co., 10 Cal.Rptr.2d 72, 2 Cal.4th 1045, 832 P.2d 573 (Cal. 1992):
1 The fact that the employer was not obligated to continue to provide health benefits weighs against preemption. (Donovan v. Dillingham (11th Cir.1982) 688 F.2d 1367, 1374-1375.)
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