Paul Revere Life Insurance v. McPhee

Order Granting Bruce MgPhee’s Motion for Summary Judgment

JORDAN, District Judge.

On October 15, 1993, and July 22, 1994, Paul Revere Life issued disability insurance policies to Bruce McPhee. In 1998, Mr. McPhee became totally disabled as a result of injuries he suffered in an automobile accident on July 18, 1993, prior to the issuance of the policies. The issue in this declaratory judgment action brought by Paul Revere is whether, under Florida law, the preexisting conditions clauses in the policies provide Mr. McPhee with coverage for his disability.

Although they dispute the appropriate…