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. ...

Reinsurers not bound by forum selection clause in underlying policy

Jody Nathan
October 23, 2008 04:26

A Texas federal judge refused to remand a $45 million coverage dispute to state court, finding that the third-party reinsurer defendants did not waive their right of removal because they were not parties to the underlying insurance contract or its forum selection clause. Huntsman Corp. v....

Dead people don't get comp

Jody Nathan
September 23, 2008 19:04

Layman was injured on the job. She was awarded money. The employer appealed. While it was pending, Layman died. The award was affirmed and then the lawyer sought to have the award certified. The comp court told the employer to pay the money to the estate. This was appealed and reversed. Neither the...

How Not To Cancel your policy

Jody Nathan
September 17, 2008 00:06

Equity lets their insureds pay their premiums by the month. In its monthly invoices, it helpfully lets its insureds know that if the premium is not received by a certain date, the policy will be cancelled.  St Clair paid for a few months and then quit.  Equity believed the policy was...

Washington Insurance Law Letter

Jody Nathan
August 20, 2008 05:12

Today's email brought another issue of Washington Insurance Law Letter, edited by William Hickman at Seattle's Reed McClure.  I love reading Hickman's newsletter.  The cases are entertaining and the style has just the right mix of facts and sass.  And even those who do not...

Washington Insurance Law Letter

Jody Nathan
August 20, 2008 05:12

Today's email brought another issue of Washington Insurance Law Letter, edited by William Hickman at Seattle's Reed McClure.  I love reading Hickman's newsletter.  The cases are entertaining and the style has just the right mix of facts and sass.  And even those who do not...