Our client is the daughter of a deceased State of Florida retiree. In 2007, the State of Florida changed the amount of life insurance benefits it offered to its employees. The retiree died 5 months after the change in coverage took effect.

Prior to 2007, the State of Florida had always conducted “passive enrollment” during the open enrollment period. In other words, if an employee took no action during the open enrollment period, the coverage they had for the previous year would remain in effect for the next year.

When the amount of life insurance changed in 2007, the State changed from passive enrollment to active enrollment forcing retirees to actively elect to keep the prior level of coverage.

We have filed suit, arguing that the State violated its own policy and procedure and that Prudential should pay the benefit amount in effect prior to the 2007 change. 

Litigation continues both in State Court as well as administratively through the State of Florida.