benefits based on a provision of the Texas Insurance Code, which incorporates the Texas DTPA, were related to his employer’s plan and thus preempted by ERISA). ERISA therefore preempts McSperitt’s claims for breach of the duty of good faith and fair dealing and for alleged violations of the Texas DTPA. Hartford’s motion for summary judgment on this ground is granted. 3. Violations of the Texas Insurance Code Hartford asserts that McSperitt’s claims based on provisions of the Texas Insurance Code are preempted by ERISA. Motion for Summary Judgment at 13. The Fifth Circuit has consistently held that § 514(a) preempts claims brought under Article 21.21 of the Texas Insurance Code. See Hogan, 969 F.2d at 144-45; Hansen v. Continental Insurance Company, 940 F.2d 971, 979 (5th Cir.1991) (<HOLDING>); Ramirez, 890 F.2d at 763-64. Although ERISA
holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan holding that claims for misrepresentation fraud and texas dtpa violations brought pursuant to article 2121 of the texas insurance code were completely preempted by erisa even if the result left the plaintiff with no adequate remedy for fraud holding plaintiffs statelaw claims alleging common law misrepresentation and statutory misrepresentation under the texas insurance code art 2121 not preempted because they were not dependent on  the right to recover benefits under the erisa plan holding a claim of a violation of the texas dtpa is preempted by the carmack amendment holding misrepresentation made by outofstate defendant to texas plaintiff who relied on it in texas satisfied requirement for jurisdiction under longarm statute based on commission of a tort in part in texas