and therefore that ruling is reversed. C. Negligent-Misrepresentation Claims Similar to the breach-of-eon-tract claim discussed above, we conclude that PONI’s negligent-misrepresentation claim against NCB is preempted under ERISA § 514(a), but its claim against MVP is not. In reviewing whether ERISA preempts a state-law negligent-misrepresentation claim, we have held that ERISA preemption does not turn on the timing of the alleged misrepresentation, but rather the true nature of the issues underlying the claim. Lion’s Volunteer Blind Indus., Inc. v. Automated Group Admin., Inc., 195 F.3d 803, 808 (6th Cir.1999). Where resolution of the misrepresentation claim necessarily requires evaluation of the plan and the parties’ performance pursuant to it, the claim is preempted. See id. at 809 (<HOLDING>). In this case, PONI alleges that NCB and MVP
holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan holding that the claim is preempted because a court entertaining the merits of this misrepresentation claim would be forced to calculate plan benefits that would have been owed to the plaintiff under the erisa plans holding that erisa preemption does not apply where the plan itself would not be liable even though a successful plaintiffs damages would be measured in part by the lost pension benefits the plaintiff would have received had he been a participant in the plan holding misrepresentation claim to be preempted holding negligent misrepresentation claim was not preempted because it neither sought benefits under plan nor alleged improper processing of benefits