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CHILTON v. PRUDENTIAL INS. CO. OF AMERICA

No. 6:99-CV-1004-ORL-28A.

124 F.Supp.2d 673 (2000)

Wayne CHILTON, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, M.D. Florida, Orlando Division.

December 19, 2000.

Attorney(s) appearing for the Case

J.A. Jurgens, Scott M. Price, J.A. Jurgens, P.A., Longwood, FL, Paul M. Sullivan, Jr., Paul M. Sullivan, Jr., P.A., West Palm Beach, FL, for Wayne Chilton, plaintiff.

Ralph C. Losey, Alan Harrison Brents, Katz, Kutter, Haigler, Alderman, Bryant & Yon, P.A., Orlando, FL, for Prudential Insurance Company of America, a foreign insurer authorized to do business in the State of Florida, defendant.

ORDER

ANTOON, District Judge.

Plaintiff Wayne Chilton brought this action against Prudential Insurance Company of America ("Prudential") claiming that he purchased a policy of disability insurance from Prudential which Prudential never provided. At issue is whether Chilton's claim, which is based solely on a Florida statute, is preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., as amended, or...

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