Empire Blue Cross & Blue Shield v. Adams

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 claim, arguing that the Florida state court has no subject matter jurisdiction. Empire relies on Swerhun v. Guardian Life Insurance Co. of America, 979 F.2d 195, 197 (11th Cir. 1992)(if the insurance policy is an…