Legal Opinion

Moynihan v. West Coast Life Insurance

District Court, S.D. Florida

Decided April 7, 2009No. Case 09-60290-CIVPublishedCited by 4 opinions

1Opinion of the Court

FINAL ORDER OF DISMISSAL

WILLIAM J. ZLOCH, District Judge.

THIS MATTER is before the Court upon Defendant’s Motion To Dismiss (DE 10). The Court has carefully reviewed said Motion and the entire court file and is otherwise fully advised in the premises.

Plaintiffs business partner, Mr. Willis V. Austin, III, died on November 7, 2008. Less than two years ago, Plaintiff, as owner and beneficiary, took out a life insurance policy with Defendant on Mr. Austin’s life. Under Florida law, an insurance company has the right to review any claim for benefits when death occurs within two years of a policy…

2Cases cited5 opinions

  1. Ohio Forestry Assn., Inc. v. Sierra ClubSupreme Court of the United States · 1998
  2. Action Alliance of Senior Citizens of Greater Philadelphia v. Margaret HecklerCourt of Appeals for the D.C. Circuit · 1986
  3. Digital Properties, Inc. v. City of PlantationCourt of Appeals for the Eleventh Circuit · 1997
  4. Craig Pittman v. J. Anthony McLainCourt of Appeals for the Eleventh Circuit · 2001
  5. Green v. Life & Health of AmericaDistrict Court of Appeal of Florida · 2000

3Cited by4 opinions

  1. Kennedy v. American Express Travel Related Services Co.District Court, S.D. Florida · 2009
  2. Austin v. Transamerica Life Insurance CompanyDistrict Court, D. Arizona · 2021
  3. Publix Super Markets, Inc. v. ACE Property and Casualty Insurance CompanyDistrict Court, M.D. Florida · 2023
  4. Savant v. United National Insurance CoDistrict Court, W.D. Louisiana · 2024

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