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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

WARNER v. MINNESOTA LIFE INSURANCE COMPANY et al Complaint

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

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Case: 7:10-cv-00100-ART Doc #: 1-1
Filed: 08/17/10 Page: 2 of 6 - Page ID#: 5
FILED
COMMONWEALTH OF KENTUCKY MAGOFFIN CIRCUIT COURT DIVISION NO.10-ef-,2 /7 ACTION NO.
MAGOFFIN CIRCUIT COURT
JUL 0 2 2010
TONYA TNET WARD, CLERK . D C. BY
JOANN WARNER VS.
PLAINTIFF COMPLAINT
MINNESOTA LIFE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY
DEFENDANTS
SERVE:
Minnesota Life Insurance Company CIO Secretary of State The Capitol Building 700 Capital Ave. Suite 152 Frankfort, Kentucky 40601 Ace American Insurance Company CIO Secretary of State The Capitol Building 700 Capital Ave. Suite 152 Frankfort, Kentucky 40601
*** *** *** *** *** *** *** **
Comes the Plaintiff, by and through Counsel, and for her Complaint states as follows: 1. The Plaintiff states that she is a resident of Salyersville, Magoffm County, Kentucky and she is the widow of the late Richard Warner who died on October 10, 2004 of an accidental reaction to the drug Vioxx. At the time of the death of the Plaintiffs husband, the Plaintiff had an insurance contract agreement with each of the Defendant Insurance Companies.
Case: 7:10-cv-00100-ART Doc #: 1-1
Filed: 08/17/10 Page: 3 of 6 - Page ID#: 6
2. The interactions between the Plaintiff and Defendants set forth in this Complaint primarily occurred while the Plaintiff was a resident of Magoffin County, Kentucky. 3. As to the Defendant, Minnesota Life Insurance Company, the Plaintiff had a policy which entitled her to have the remaining balance of mortgage on the home the Plaintiff owns in Onondaga, Michigan. 5045 Hunt Road, Onondaga Michigan, 49264 paid for with the insurance, Policy No. 0464878-683. The Plaintiff states that she is the named beneficiary of the policy in question. 4. As to the Defendant, Ace American Insurance Company the Plaintiff states that she had a $250,000.00 accidental life insurance policy of which she was the name insured. The policy was through Lansing Autornakers Federal Credit Union, Account No. 190530. 5. The Plaintiff states that since the time of his death she had made claims with both Defendants seeking benefits based on the fact that Richard Warner died of an accidental death due to use of the use of the drug Vioxx. 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,
Case: 7:10-cv-00100-ART Doc #: 1-1
Filed: 08/17/10 Page: 4 of 6 - Page ID#: 7
8. As a result of the Defendants actions, the Plaintiff has continued to make payments on the residence in Minnesota and has been wrongfully denied the life insurance benefits referenced in this Complaint. WHEREFORE, the Plaintiff seeks relief as follows: 1. A judgement against each Defendant 2. Compensation for the breach of contract, as previously described in this Complaint, including payment of the mortgage, payment of the accidental death benefits. 3. Punitive damages for the Defendants reckless disregard of the Plaintiffs rights 4. Attorney fees, and any other costs deemed appropriate. 5. Any and all other relief deemed appropriate, including pre judgement and postjudgement interest, plus Court costs. RESPECTFULLY SUBMITTED,
HON. NED PILLERSDORF PILLERSDORF, DEROSSETT, & LANE 124 WEST COURT STREET PRESTONSBURG, KENTUCKY 41653 PHONE: (606) 886-6090
Case: 7:10-cv-00100-ART Doc #: 1-1
Filed: 08/17/10 Page: 5 of 6 - Page ID#: 8
08/13/2010 FRI 9!13 FAX 606302M magoffirieircui -h olork
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Case: 7:10-cv-00100-ART Doc #: 1-1
Filed: 08/17/10 Page: 6 of 6 - Page ID#:V1003/0 03 9

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