Myrtle S. Shull and Walter G. Shull v. Pilot Life Insurance Company

JOHN R. BROWN, Circuit Judge.

This diversity suit was to recover for personal injuries sustained by the Plaintiff — the Assured under a life insurance policy — allegedly caused by the Defendant-Insurer having changed the named beneficiary without the Assured’s consent and in violation of the express policy terms. The Defendant urges that as a matter of Florida substantive law, there is no liability for personal injury unaccompanied by bodily contact arising from a tortious violation of a contract unless the “act is such as to reasonably imply malice, or where, from the entire want of care of…