Chilton v. Prudential Ins. Co. of America

ORDER

ANTOON, District Judge.

Plaintiff Wayne Chilton brought this action against Prudential Insurance Company of America (“Prudential”) claiming that he purchased a policy of disability insurance from Prudential which Prudential never provided. At issue is whether Chil-ton’s claim, which is based solely on a Florida statute, is preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., as amended, or whether the statute is excluded from ERISA preemption by ERISA’s savings clause on the basis that the statute constitutes a regulation of insurance. This…