Jodi Krystyn Swick's Legal Cases (3)

Insurance

Leonila Kyle v. American General Life Insurance Co. et al. (U.S. District Court, Southern Dist of CA) 3:15-cv-00277-L-BGS

Apr 29, 2015

OUTCOME: Settled

American General denied Ms. Kyle’s claim for accelerated policy benefits under her life insurance policy due to non-payment of premium. Ms. Kyle’s policy lapsed while she was in a coma due to a stroke ... (her third). Her family was not aware of the policy and her bank account premium payment automatic withdrawal ceased when her employment benefits stopped due to her medical condition. Ms. Kyle’s family attempted to reinstate her policy but, under the policy provisions for reinstatement, were too late.

Insurance

Betty Joe Atnip v. American General Life Ins. Co. et al (U.S. District Court, Northern Dist. of CA) 8:14-cv-01462-JLS-RNB

Jan 27, 2015

OUTCOME: Motion to Dismiss granted

American General issued an insurance policy insuring the life of Plaintiff’s deceased husband, Rodney Atnip. Mr. Atnip’s policy lapsed in 2011 due to non-payment of premium, and Mr. Atnip died in Apri ... l 2013. Plaintiff Betty Joe Atnip claimed that her husband was incapacitated in 2011 and was not capable under the California Probate Code to let the policy lapse such that the policy should be reinstated. A motion to dismiss was filed, arguing that the policy terms regarding policy payment and reinstatement were enforceable despite the Probate Code such that American General was not required to reinstate the policy or pay policy benefits. The Court agreed and granted the motion to dismiss, without leave to amend.

Insurance

Fluidmaster v. Fireman’s Fund Ins. Co., et al. (California Superior Court, Los Angeles, Case No. BC 560372)

Jul 01, 2014

OUTCOME: Ongoing

Fluidmaster alleges FFIC (and two other carriers) breached its duty to defend and indemnify to Fluidmaster in (now) eight underlying class action lawsuits. The underlying class actions allege Fluidmas ... ter’s toilet connectors have been on the market since the early 1990’s, are defectively designed and caused property damage to class members when Fluidmaster’s product failed.

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