Edmund J. Bodine, Jr. v. Federal Kemper Life Assurance Company

ANDERSON, Circuit Judge.

Edmund Bodine sued Federal Kemper Life Assurance Company (“Kemper”) in federal district court under that court’s diversity jurisdiction. The claim upon which relief was granted is known as a Lopez claim. In Life Ins. Co. of Georgia v. Lopez, 443 So.2d 947 (Fla.1983), the Florida Supreme Court recognized the tort of negligent failure to cancel an insurance policy where the beneficiary attempts to murder the insured to collect the policy benefits and where the insurer has actual notice of the murder plot.

In this case, the FBI uncovered a plot to murder Bodine. Initially,…