I. Introduction Defendant-Appellant Lloyds of London Syndicate 2003 ( Lloyds ) appeals the district court s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. ( BYA ) in an action arising out o...   MORE>>

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trus...   MORE>>

ERISA 502(a)(3)(B) authorizes actions by fiduciaries . . . to obtain other appropriate equitable relief . . . to enforce . . . the terms of the [ERISA] plan. 29 U.S.C. 1132(a)(3)(B). The question this court deems enbancworthy is whether ACS Recovery Services, Inc., the administrator, and...   MORE>>

Plaintiff Zena Phillips was a beneficiary of a life insurance policy taken out by her fianc , Michael Strang, and issued by Defendant Pruco Life Insurance Company, a subsidiary of Defendant Prudential Life Insurance Company of America (together, Prudential ). When Strang died, Prudential infor...   MORE>>

This case arises out of the payment of benefits pursuant to an American Family Life Assurance Company of Columbus ( Aflac ) accident insurance policy. The district court granted Aflac s summary judgment motion and awarded Aflac the relief it sought below: an order compelling Defendants- Appell...   MORE>>

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC s and Columbia ...   MORE>>

Smith Flooring, Inc. ("Smith Flooring") obtained commercial property insurance coverage from Pennsylvania Lumbermens Mutual Insurance Company ("Pennsylvania Lumbermens") from 2004 to 2009. Each year, Pennsylvania Lumbermens issued Smith Flooring a new annual policy with endorsements that excluded ce...   MORE>>

Soua Yang purchased a life insurance policy from Western-Southern Life Assurance Company (WSLAC). Yang died six months later. Her beneficiaries claimed the death benefit. WSLAC denied the claim on the basis that she had not disclosed her Hepatitis B on the application. Her beneficiaries sued WSLAC. ...   MORE>>

This appeal arises from Kentucky s transition to the managed-care model of service delivery for its Medicaid program, through which more than half-a-million indigent residents receive healthcare coverage. Kentucky awarded Coventry Health and Life Insurance Company, a managed-care organization, a c...   MORE>>

The health benefits plan established by petitioner US Airways paid $66,866 in medical expenses for injuries suffered by respondent McCutchen, a US Airways employee, in a car accident caused by athird party. The plan entitled US Airways to reimbursement if McCutchen later recovered money from the thi...   MORE>>