Florida District Courts of Appeal, 1991

Andrews v. Mutual Benefit Life Insurance Co.

Andrews v. Mutual Benefit Life Insurance Co.
Florida District Courts of Appeal · Decided April 19, 1991 · Altenbernd, Campbell, Lehan
578 So. 2d 52; 1991 Fla. App. LEXIS 3612; 1991 WL 58885 (Southern Reporter, Second Series)

Andrews v. Mutual Benefit Life Insurance Co.

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order dismissing with prejudice the fourth amended complaint insofar as the order dismissed what we view as plaintiffs attempt to preserve an ERISA cause of action against Mutual Benefit Life Insurance Company. While the dismissal shall stand, on remand plaintiff shall have the opportunity to further amend to state such a cause of action. In all other respects the order is affirmed.

CAMPBELL, A.C.J., and LEHAN and ALTENBERND, JJ., concur.

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