GOLDBERG v. COMPANION LIFE INS. CO.

Case No. 8:11-cv-1659-T-23MAP.

910 F.Supp.2d 1350 (2012)

Colleen T. GOLDBERG, Plaintiff, v. COMPANION LIFE INSURANCE COMPANY, Defendant.

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

December 19, 2012.


Attorney(s) appearing for the Case

James Robert Freeman , Joanna M. Greber , Kathleen Clark Knight, Wilkes & McHugh, PA, Tampa, FL, for Plaintiff.

Wendy L. Furman , Pett Furman, PL, Boca Raton, FL, for Defendant.


ORDER

STEVEN D. MERRYDAY, District Judge.

An insurance policy in an ERISA employee welfare benefit plan promises to pay the insured, whose "annual salary" was $260,000, a life insurance benefit in "an amount equal to 3 times Your Annual Salary, up to $400,000." After the insured's death in an airplane crash, the insurer paid the beneficiary $400,000, the stated "up to" amount. The beneficiary appealed and demanded $780,000, three times the deceased...

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