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Case ID: 2730 | Insurance | 07/19/2004
A class action has been filed against the federal Office of Servicemembers' Group Life Insurance and Prudential Insurance Company of America on behalf of members of the armed services who purchased life insurance policies from Prudential through the office, but were denied coverage for a child of more than 20 weeks' gestation that was stillborn. The action alleges that this breached class members' contracts and violated federal insurance law. The action seeks unspecified compensatory damages.
Named plaintiff Michael Warnock, an Air Force reservist, alleges that Prudential refused to pay a $10,000 claim he filed after his son, Joshua, was stillborn on April 14, 2002. His wife, Christine, carried the child for 38 weeks. Under Indiana law, any stillborn baby who was in gestation for at least 20 weeks must have a burial because it is considered a life at that point. The U.S. military's Servicemembers' Group Life Insurance program covers soldiers and their spouses and children. The proposed class consists of persons in the military's insurance program whose stillborn babies were in gestation for at least 20 weeks and were delivered after August 1993. Prudential collects $500 million annually in premiums to insure and administer the program for the military. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Insurance Cases of Interest Eligible motorists and health care providers have until Monday December 6th to claim a share in a $9.5 million jury verdict against Farmers Insurance. The verdict against Farmers was returned in a class action lawsuit in Multnomah County Circuit Court on December 5, 2003. Class members, eligible for a share of the jury award, include people who were injured in a motor vehicle accident between January 26, 1998 and July 31, 1999 and had a claim with Farmers Insurance. Also eligible for a share of the award are the doctors and medical clinics that treated the injured individuals. All claims must be postmarked no later than December 6, 2004. So far approximately 3000 individuals have filed claims. The benefits available are estimated at $207.00 per claimant. The theory of diminished value asserts that buyers choosing between two otherwise equal vehicles will select one that has not been previously damaged and repaired, even where the repairs to the other vehicle were first-rate. The parties have reached a tentative $2,346,535 settlement in an action filed against SAFECO Insurance Company of America and numerous affiliated companies on behalf all persons insured by an automobile insurance policy issued in Georgia by the defendants and who made a claim for damage to their vehicles under their collision, comprehensive, underinsured, or uninsured motorist coverage for a loss that occurred between June 19, 1997, and November 28, 2001. Though there is no claims deadline at this time, persons who are eligible to take part in the settlement who have not received a notification letter should act as soon as possible to alert the company of their eligibility. Whenever a home, a car, a business or any other property is damaged, a person instinctively calls his or her insurance agent to get started on the repairs. A Biloxi attorney and homeowners along the Gulf Coast area have filed a class action law suit against State Farm Insurance Company, alleging the company has refused to pay for hurricane damage to their homes, even though the plaintiffs purchased "all perils" homeowner insurance.
A class action lawsuit has been filed in U.S. District Court for the District of Delaware against Nationwide Mutual Insurance Company. The case involves an alleged breach of insurance contract. The parties have reached a tentative settlement apparently valued at more than $13 million in a class-action filed against the Kentucky Department for Medicaid Services and the Kentucky State Cabinet for Health Services on behalf of thousands of Kentucky residents who lost their eligibility for nursing home or in-home care because of stricter rules that were enacted in April 2003. Persons eligible to take part in the reinstatement of care should contact the attorneys for the class for more information. |
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