Legal Opinion

Mizrahi v. Provident Life & Accident Insurance

District Court, S.D. Florida

Decided January 30, 1998No. 97-2224-CIVPublishedCited by 5 opinions

1Opinion of the Court

ORDER OF REMAND

MORENO, District Judge.

THIS CAUSE came before the court upon Defendant’s Second Notice of Removal, filed on July 16, 1997, and Plaintiffs Motion to Remand, filed on August 19,1997.

THE COURT has considered the notice, motion, response, and the pertinent portions of the record, and is otherwise fully advised in the premises. Because the Court concludes that the insurance plan being sued upon here is outside the scope of ERISA coverage, the Court grants the Plaintiffs Motion to Remand.

Background

On February 19,1997, the Court remanded this case to state court, finding that because…

2Cases cited3 opinions

  1. Richard C. Glass, of the Estate of Execr Maxwell C. Hostetter, Jr., Margaret Hostetter v. United of Omaha Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1994
  2. Mimbs v. Commercial Life InsuranceDistrict Court, S.D. Georgia · 1993
  3. Loudermilch v. New England Mutual Life InsuranceDistrict Court, S.D. Alabama · 1996

3Cited by5 opinions

  1. Jeanne B. DEMARS, Plaintiff, Appellant, v. CIGNA CORPORATION and Insurance Company of North America, Defendants, AppelleesCourt of Appeals for the First Circuit · 1999
  2. Paul Revere Life Insurance v. BrombergCourt of Appeals for the First Circuit · 2004
  3. Demars v. Cigna CorporationCourt of Appeals for the First Circuit · 1999
  4. Demars v. Cigna CorporationCourt of Appeals for the First Circuit · 1999
  5. Gatewood v. Life Ins. Co. of North AmericaDistrict Court, M.D. Florida · 1999

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