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Jody Nathan

Jody Nathan

Recent Articles

Two new ERISA cases from the Tenth Circuit, reversing plan determinations

Jody Nathan
December 05, 2008 23:44

The Tenth Circuit has recently decided two cases involving benefits under an ERISA plan.  The first case dealt with death benefits.  In Kellogg v. Metropolitan Life, the plaintiff’s husband was killed in a one car accident.  General life insurance benefits were paid, but the...

Crime doesn't pay

Jody Nathan
November 26, 2008 22:33

Wife takes 5th during deposition, cannot recover on life insurance policy Angelina and Bryan were married; several years later, Bryan took out a $1M life insurance policy naming Angelina as primary beneficiary, and his kids as secondary beneficiaries.  Three months later, Bryan was killed;...

Commercial seller requirement in products liability claims

Jody Nathan
November 18, 2008 23:18

Commercial seller requirement in products liability claims Oklahoma’s products liability law is based on Restatement of Torts (Second) §402A.  One of the requirements is that the seller be engaged in the business of selling such a product.  Liability is not imposed upon...

An office does not a restaurant make

Jody Nathan
November 18, 2008 22:32

Vacant not a question of fact Bob owned a restaurant.  Bob closed the restaurant.  But Bob kept his office in the restaurant open.  The sprinklers malfunctioned and the restaurant was water damaged.  Bob’s insurance claim was denied.  The policy did not cover losses...

Gap Policy is insurance, despite name and disclaimer

Jody Nathan
November 15, 2008 02:09

If it looks like an insurance policy and quacks like an insurance policy, its an insurance policy -- according to the Oklahoma Court of Civil Appeals.  And if it meets the requirements of an insurance policy, statements in the contract that says its not insurance are going to be ignored. ...