In Ball v Std Ins Co, No 09 C 3668, 2011 WL 759952 (N.D. Ill. Feb. 23, 2011), the court held that ERISA did not expressly preempt an Illinois statute prohibiting discretionary clauses in insurance policies, as a result of which the de novo standard of review applied to plaintiff’s long-term disability claim. Applying Kentucky Assoc. of Health Plans, Inc. v. Miller, 538 U.S. 329 (2003), the court determined that the Illinois statute was “saved” from preemption because the state law was directed at the insurance industry and regulated insurance practices. Further, the court held that conflict preemption did not apply to the state statute because “insurance regulation is not preempted merely because it conflicts with substantive plan terms.” The court noted that its ruling was consistent with a growing body of case law, including: Standard Ins. Co. v. Morrison, 584 F.3d 837, 842 (9th Cir. 2009); Am. Council of Life Insurers v. Ross, 558 F.3d 600, 606 (6th Cir. 2009); Haines v. Reliance Standard Life Ins. Co., No. 09 C 7648, 2010 U.S. Dist. LEXIS 104625, at *6 (N.D. Ill. Sept. 9, 2010); and McClenahan v. Metro. Life Ins. Co., 621 F. Supp. 2d 1135, 1140 (D. Colo. 2009).