Franklin v. Minnesota Mutual Life Insurance

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS

GOLD, District Judge.

THIS CAUSE is before the court upon Defendant’s Motion to Dismiss [D.E. 9]. The defendant seeks to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, contending that the plaintiff has failed to state a claim upon which relief can be granted. In essence, the defendant contends that it paid all contractual damages within 60 days of plaintiffs filing of notice, thus satisfying Florida Statute § 624.155(2)(d) and curing the alleged violation. In addition to defendant’s motion to dismiss,…