Whether the court below erred by refusing to apply Kentucky Ass'n of Health Plans, Inc. v. Miller, 538 U.S. 329 (2003) to determine whether the California "proximate cause" standard for accidental loss insurance policies was saved from ERISA preemption under 29 U.S.C. § 1144(b)(2)(A) and instead relying on an older Ninth Circuit decision which, in direct conflict with Miller, holds that all state laws of insurance policy interpretation are automatically preempted.

Whether the court below erred by refusing to apply Kentucky Ass'n of Health Plans, Inc. v. Miller