Another view of Miller.

• Jurisdiction: United States
• Author: Alter, Daniel
• Date: 01 March 2004

I read with interest Mr. Mazer's piece on the state of ERISA preemption and whether the Supreme Court's recent decision in Kentucky Ass'n of Health Plans, Inc., v. Miller 123 S.Ct. 1471 (2003), will alter the current landscape surrounding preemption of Florida's insurance bad faith statute, F.S. [section] 624.155 (January). While the author suggests that the Supreme Court's analysis in Miller may cause the 11th Circuit to rethink its position on ERISA preemption of [section] 624.155, I disagree.

Mr. Mazer devotes much of his discussion to whether Florida's insurance bad faith statute will now be found "saved" from ERISA preemption under the Supreme Court's new two-part test...