Monday, January 9, 2006
Kathleen Miller v. Scottsdale Insurance Co.

no. 05-936

Hillsborough County

The 11th U.S. Circuit Court of Appeals asks the Supreme Court to rule on the scope of a Florida statute governing cancellation of an insurance policy for non-payment of premium. The issue arose in a lawsuit filed by Miller, who was injured at the Cuban Club and awarded $331,000 in damages. A federal judge agreed with Scottsdale that it was not liable because the insurance policy it had issued for the Cuban Club had been canceled four days before Miller was injured. Miller appealed to the 11th U.S. Circuit Court of Appeals. She argues the policy cancellation had not yet taken effect because Scottsdale had not yet notified the bank that financed the Cuban Club and been named as an insured in the policy.