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EMPIRE BLUE CROSS & BLUE SHIELD v. ADAMS

No. 4D01-2274.

814 So.2d 445 (2001)

EMPIRE BLUE CROSS & BLUE SHIELD, Petitioner, v. Mary ADAMS, Respondent.

District Court of Appeal of Florida, Fourth District.

November 14, 2001.

Attorney(s) appearing for the Case

Kenneth L. Valenti, Lawrence D. Smith and John P. Joy of Walton, Lantaff, Schroeder & Carson, Miami, for petitioner.

Kenneth D. Cooper of Kenneth D. Cooper, P.A., Fort Lauderdale, for respondent.

Prior report: 729 So.2d 481.

PER CURIAM.

Respondent Adams sued petitioner Empire alleging a statutory bad faith failure to pay her claim for medical benefits. Empire contended in the trial court, unsuccessfully, that this is an Employee Retirement Income Security Act ("ERISA") claim which is within the exclusive jurisdiction of the federal courts. Empire now seeks a writ prohibiting the circuit court from proceeding on this...

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