The Northwestern Mutual Life Insurance Company v. Mary Rhude Cross, as guardian of A.C., a minor, J.C., a minor, and L.C., a minor; and Any Unknown Children of Chaundre K. Cross

Summary

This Final Pretrial Conference Order governs the trial in Northwestern Mutual’s action concerning rescission of a life insurance policy, a declaratory judgment regarding the insured’s cause of death, and a breach-of-contract counterclaim. The court denies or resolves several pretrial motions, specifies the respective roles of the jury and court, addresses evidentiary and witness issues, and sets trial for February 23, 2026, in Fort Myers, Florida.

Holdings

1. The breach-of-contract counterclaim seeking monetary relief is a legal claim for which Cross is entitled to a jury trial.
2. The declaratory-judgment claim concerning whether Dr. Cross's death was a suicide is legal in this case and will be tried to the jury.
3. The rescission claim is equitable and will be tried by the court without a jury.
4. When legal and equitable claims are tried together and share factual issues, the court is bound by the jury's findings on issues necessarily decided in resolving the legal claim.
5. The death certificate is admissible as a public record, but neither party may argue that it establishes any particular manner of death.
6. Cross may read Northwestern Mutual's Rule 30(b)(6) deposition testimony to the jury, and the testimony may be used as substantive evidence. A Rule 30(b)(6) designee is not irrevocably bound to every deposition statement and may correct, explain, or supplement testimony.
7. A Rule 30(b)(6) corporate representative may testify about matters within the corporation's knowledge, including the corporation's factual positions, subjective beliefs, and opinions, even when the representative lacks personal knowledge acquired independently.
8. The request for remote witness testimony was denied because foreseeable work and school scheduling conflicts did not establish good cause and compelling circumstances under Rule 43(a).

Questions Presented

1. Whether the breach-of-contract counterclaim and declaratory-judgment claim are legal claims triable by a jury.
2. Whether the rescission claim is equitable and therefore triable by the court, while factual findings made by the jury on overlapping issues bind the court in deciding rescission.
3. Whether the death certificate was admissible under the public-record and vital-statistics hearsay exceptions and whether its contents could be used to establish a particular manner of death.
4. Whether Rule 30(b)(6) deposition testimony may be read to the jury and whether a corporate designee may testify about matters within the corporation's knowledge, including corporate positions and opinions.
5. Whether witnesses should be permitted to testify remotely because of work and school schedules.
6. Whether evidence concerning a prior $1.6 million life-insurance policy and its payout was relevant and admissible.
7. Whether the challenged expert testimony and proposed testimony concerning underwriting, rescission, waiver, fraud, and bad faith should be excluded before trial.

Disposition

other