(citation omitted). In sum, the court holds, as a matter of law, that McSperitt’s contract claims against Hartford seek to enforce matters Congress intended to be regulated exclusively by ERISA. Accordingly, Hartford’s motion for summary judgment on this basis must be granted. 2. Violations of the Texas Deceptive Practices and Trade Act McSperitt’s claims against Hartford for breach of the duty of good faith and fair dealing and for alleged violations of the Texas DTPA are likewise preempt ed. The Fifth Circuit has concluded that ERISA preempts claims brought under the Texas DTPA for failure to pay or misrepresenting benefits under an ERISA plan because such claims “relate to” the plan. Hogan, 969 F.2d at 144; Boren v. N.L. Industries, Inc., 889 F.2d 1463, 1465-66 (5th Cir.1989) (<HOLDING>), cert. denied, 497 U.S. 1029, 110 S.Ct. 3283,
holding that erisa preempts state law claims of fraud and misrepresentation that are based upon the failure of a covered plan to pay benefits holding erisa preempts state contract and tort actions based on improper processing of claims for benefits holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans holding that erisa preempts the texas dtpa because plaintiff relied on state law to advance his complaint that his benefits under the plan were terminated holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan