WARNER v. MINNESOTA LIFE INSURANCE COMPANY et al
"6. The Plaintiff has been advised by both insurers that she would need to wait until a claim on behalf of Richard Warner against the manufacturer of Vioxx, Merck, was resolved. Since the settlement of this claim, the Plaintiff has submitted documentary substantiation for her claim that her late husband died of an accidental Vioxx reaction. During 2010 the Plaintiff received notification from both Defendants stating that they would not be honoring the claim(s) asserted by the Plaintiff.
7. The Plaintiff alleges that their failure to honor the accidental death claim is a breach of the insurance contract referenced in this case. The Plaintiff further states that the actions of the Defendant in not honoring her claim violate relevant provisions of the Kentucky Unfair Claim Settlement Practices Act as well as constituting a breach of contract as to each Defendant."