Protective Life Insurance Company v. Apex Parks Group, LLC, 322 So. 3d 1027

Summary

HOLDINGS: [1]-In asserting the defense of rescission, the insurer sought only to defend its legal rights, not to obtain control over any property belonging to defendant; therefore, the insurer's affirmative defense of rescission was not a claim "against the debtor" within the meaning of 11 U.S.C.S. § 362; [2]-Just because the insurer would have had access to the June 2016 medical records because it happened not to receive the amendment until June 23, 2016, did not mean that it could use that information in evaluating whether the applicant had made a material misrepresentation in the amendment; the information discovered about the applicant's heart condition in June 2016 was irrelevant to whether the insurer was permitted to rescind the policy based on the representations the applicant made in the amendment he signed on May 31, 2016.