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SHULL v. PILOT LIFE INSURANCE COMPANY

No. 20013

313 F.2d 445 (1963)

Myrtle S. SHULL and Walter G. Shull, Appellants, v. PILOT LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 6, 1963.

Attorney(s) appearing for the Case

Thomas J. Schwartz, William P. Doyle, Pompano Beach, Fla., for appellants.

Walter Humkey, Harold L. Ward, Miami, Fla., Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., of counsel, for appellee.

Before BROWN, GEWIN and BELL, Circuit Judges.

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...

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