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BERTONI v. STOCK BLDG. SUPPLY

No. 4D07-4241.

989 So.2d 670 (2008)

Barbara BERTONI, Appellant, v. STOCK BUILDING SUPPLY, f/k/a Carolina Holdings, Inc., f/k/a Stuart Lumber Company of Pompano Beach, Florida and Stuart Lumber Company of Fort Myers, Florida, and Stock Building Supply of Florida, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 2, 2008.

Attorney(s) appearing for the Case

Paul M. Sullivan, Jr., West Palm Beach, for appellant.

Juan C. Enjamio of Hunton & Williams LLP, Miami and A. Todd Brown of Hunton & Williams LLP, Charlotte, for appellees.

TAYLOR, J.

Plaintiff Barbara Bertoni sued her deceased husband's former employer, asserting that the employer negligently failed to procure supplemental life insurance for her husband after he submitted an enrollment application for supplemental life insurance. The trial court entered summary judgment in favor of the employer, finding that plaintiff's negligence claim is preempted by the Employment Retirement Income Security Act of 1974, as amended ("ERISA"). Because...

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