JAMES B. ZAGEL, UNITED STATES DISTRICT JUDGE.
Plaintiff, Urban Health Services, filed a complaint in May of 1988 in the Circuit Court of Cook County claiming breach of a written contract for health insurance by defendant, The Travelers Insurance Company. Specifically the complaint alleges that defendant denied plaintiff benefits due in the amount of $ 2,406.00 under a group insurance policy. The policy was issued by defendant to Time, Inc. as part of an employee benefit plan. Marcie Payne, an employee of Time, Inc., was insured under the policy. Payne received medical services from plaintiff and in exchange for these services assigned her right to benefits under the policy to plaintiff.
On June 22, 1988 the Honorable Michael R. Weber of the Circuit Court, County of Cook, entered a default judgment in favor of plaintiff for $ 2,406.00 plus costs. A motion to vacate the judgment was entered in Circuit Court and is currently pending for reconsideration.
Defendant entered a motion to remove this action to federal court, arguing that federal court is the proper forum to hear the complaint because the Employee Retirement Income and Security Act (ERISA) governs this action. This court requested briefing on the issue of preemption to be submitted by October 12, 1988.
ERISA regulates, among other things, employee welfare benefit plans that, "through the purchase of insurance or otherwise" provide medical, surgical or hospital care or benefits in the event of sickness, accident, disability or death. 29 U.S.C.A. 1002(1).
The purpose of ERISA is to provide uniformity in employee benefit laws. Holland v. Burlington Industries, Inc., 772 F.2d 1140, 1147 (4th Cir. 1985), aff'd, 477 U.S. 901, 106 S. Ct. 3267, 91 L. Ed. 2d 559 (1986). To this end the Supreme Court has consistently given a broad reading to ERISA's explicit preemption provision. The preemption clause, 29 U.S.C.A. sec. 1144(a), provides:
Except as provided in subsection (b) of this Section, the provisions of this subchapter and subchapter III of this Chapter shall supercede any and all State laws insofar as they may now and hereafter relate to any employee benefit plan described in Section 1003(a) of this title and not exempt under section 1003(b) of this title.