PROCEDURE: Pretrial order amendment rulings in truck driver’s disability insurance case… replacement of designated corporate witness denied… case subsequently settled… Lynch. [Read more…]
Insurance, trucker’s disability, SSD condition
INSURANCE: Alabama law applied to pre-enrollment tort/contract reformation claims in truck driver’s suit for continuing disability benefits which policy excludes for failure to qualify for SSD… fact issues as to whether trucking company office manager was apparent agent for insurer… fact issues as to claims for fraud, negligent misrepresentation, estoppel… fact issues as to fraud preclude policy reformation, acceptance [Read more…]
Insurance, bad faith, bifurcation, benefits paid
INSURANCE: Bifurcation of pre/post-enrollment claims in disability insurance trial denied… evidence of amount of benefits paid allowed… Lynch. [Read more…]
Insurance, work product
INSURANCE: Work-product protection of claims file not “triggered” by retention of lawyer or letter requesting copies of medical report/payments and inquiring why insured had not received certain payments… surveillance documents also discoverable… Lynch. [Read more…]