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Insurance Law

Insurance: Automobile Policy-Uninsured Motorist-Owned-Vehicle Exclusion

Where plaintiff, who was injured in an auto accident with an uninsured motorist, challenged the trial court’s grant of summary judgment in favor of an insurer and upholding an owned-vehicle uninsured motorist exclusion clause in two auto policies covering vehicles ...

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Insurance Law: Life Insurance Proceeds-Interspousal Agreement-Divorced Spouse

Where appellant filed an action against her ex-husband’s estate claiming that his life insurance proceeds belonged to her, the appellant’s designation as beneficiary was revoked since she did not show that the interspousal agreement or the final judgment expressly provided ...

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Insurance Law: Vexatious Refusal-Sufficiency of Evidence-Deposition Testimony

Where an insurer challenged a judgment for an insured who sought uninsured motorist benefits after an auto accident, the insured made a submissible case on the insurer’s vexatious refusal to pay, and the trial court did not err in allowing ...

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Insurance: Civil Rights Lawsuit-County Insurance Policy-Duty to Defend and Indemnify

Plaintiff appealed from the grant of judgment on the pleadings to defendant county, finding plaintiff had a duty to defend the county against a civil rights lawsuit filed against the county by Russell Faria, who had been wrongly arrested and ...

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Insurance: Long-Term Care Policy-Covered Provider-“Assisted Living Center”

Where a woman, who purchased a long-term care insurance policy, sued the insurer after her claim for facility benefits was denied following her move into a registered residential living center, the district court properly determined that the chosen provider was ...

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Insurance: Hospital Lien-Uninsured Motorist Benefits-First-Party Coverage

Where a  health care center argued that its hospital lien attached to $300,000 in uninsured motorist benefits paid by an insurer to its insured who was injured in an auto accident, summary judgment for the insurer is affirmed because the ...

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Insurance: Medical Lien Statutes-Lien Against Insurance/Tort Recovery

Plaintiff was injured in a car crash and sought treatment from defendant. The parties entered a UCC lien in which plaintiff granted defendant a security interest in any proceeds plaintiff would receive from insurance or a tortfeasor. Plaintiff further purported ...

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Insurance: Life Insurance-Shareholder Policies-Failure to Purchase Shares

Plaintiff co-owned a business with Daniel and J. Carson Cates. The shareholders purchased life insurance policies, the proceeds of which would be used to purchase a deceased shareholder’s interest. After Daniel died, the company received the life insurance proceeds but ...

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