Practice Area: Class Action
Outcome: Rule 23(b)(3) claims settled and Rule 23(b)(2) claims have been appealed by defendant.
Description: Mr. Lehrman was appointed class counsel, along with other attorneys, in this class action brought on behalf of elderly Floridians who alleged that they had been denied benefits under home health care insurance policies. A settlement was reached which created an $8 million fund available to Florida seniors who were members of the settlement class. The Court found that the settlement provided a substantial benefit to these Florida seniors. On July 3, 2013, the Florida Supreme Court issued its opinion in Washington National Insurance Corporation, etc. v. Sydelle Ruderman, et al. that insurers cannot escape the terms of their own policies. Florida law requires insurance carriers to draft insurance policies clearly, and if they do not, they, not their policyholders, are responsible.