UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FRANCIS MARX,

Plaintiff,

vs.

THE PRUDENTIAL 

INSURANCE COMPANY OF 

AMERICA,

Defendant.

/

CASE NO.:

COMPLAINT

COMES NOW the Plaintiff, FRANCIS MARX, (“Marx”), by and through the 

undersigned attorney, and sues the Defendant, THE PRUDENTIAL INSURANCE 

COMPANY OF AMERICA (“Prudential”) and alleges as follows:

GENERAL ALLEGATIONS

1. This is an action for relief under the Employee Retirement Income 

Security Act (“ERISA”), as amended, 29 U.S.C. §§1001, et seq.

2. This Court has jurisdiction pursuant to 29 U.S.C. §1132(e).

3. This Court has venue pursuant to 29 U.S.C. §1132(e). In particular, in 

ERISA actions, venue is proper where the performance of the Plan terms was to 

take place. Benefits here were to be paid at Marx’s home address in Port Saint 

Lucie, Florida. See Exhibit “A” attached hereto.

Case 2:22-cv-14272-AMC Document 1 Entered on FLSD Docket 07/28/2022 Page 1 of 4
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4. Marx is and/or was a participant in each of the plans, funds, programs 

or arrangements described herein.

5. Marx was an employee of Walgreen Co. (“Walgreen” or “Employer”) 

and as such he was insured through a group disability policy issued to Walgreen by 

Prudential.

6. The Employer is the Plan Sponsor and Plan Administrator of the 

employee welfare benefit plan providing long term disability benefits.

7. The “Plan” is a welfare benefit plan established under ERISA to 

provide long term disability benefits to those participants who satisfy the terms and 

conditions of the Plan to receive such benefits. 

8. A copy of the applicable Plan document is in the possession of 

Prudential.

9. Prudential is the claims administrator, it makes the “full and fair” final 

review of claims and it insures the payment of benefits under the Plan. 

10. Prudential denied and/or terminated Marx’s claim finding that he was 

not disabled under the terms of the Plan. Prudential’s last denial letter is dated 

June 22, 2022. 

11. With respect to the claims made herein, Marx has exhausted his

administrative remedies and/or exhaustion has been excused or is waived.

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COUNT I

(Action for Plan Benefits 29 U.S.C. §1132(a)(1)(B))

Marx incorporates the allegations contained in paragraphs 1 through 11 

above, and further states:

12. The Plan provided for the payment of long term disability benefits in 

the event Marx became disabled as defined in the Plan. The Plan also provided for 

the continuation of other benefits in the event of disability. The other benefits are 

described with particularity in the applicable plan documents for those plans.

13. Marx was and is disabled as defined by the Plan at all times material 

hereto.

14. Marx made a claim for Plan benefits. Said claim for benefits was 

terminated or denied.

15. Marx is entitled to Plan benefits.

16. Prudential has failed and refused to pay Marx sums due pursuant to 

the terms of the Plan, breaching the terms of said Plan.

17. Because of the failure to pay benefits pursuant to the terms of the 

Plan, Marx has been forced to retain the undersigned attorneys and is obligated to 

pay them a reasonable attorney’s fee. Marx is entitled to recover attorney’s fees as 

authorized by 29 U.S.C. §1132(g).

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WHEREFORE, plaintiff, Marx, prays for relief from defendant, Prudential 

for the payment of disability benefits, reinstatement to all other benefits, including 

the waiver of premiums as if benefits had never been terminated or denied, plus 

attorney’s fees and costs and any other such further relief as the Court deems 

proper.

Date: July 28, 2022

/s/Gregory D. Swartwood

Gregory D. Swartwood, Esquire

Florida Bar No. 858625

The Nation Law Firm, LLP

570 Crown Oak Centre Drive

Longwood, FL 32750

Telephone: (407) 339-1104

Facsimile: (407) 339-1118

E-Mail: gswartwood@nationlaw.com

Attorneys for Plaintiff

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