Settlement Amount:
$4,500,000

Case Name:
ROE v. DOE INSURANCE COMPANY

Case Number:
San Bernardino Superior Court

Plaintiff:
Levine, Steinberg, et al., San Diego, By: Harvey R.
Levine, Craig A. Miller

Defendants:
Confidential

Facts and Background:
Decedent John Roe had entered into an accidental-death-and-
dismemberment insurance contract with Defendant Doe Insurance
Company. The policy was obtained by the insured through a third
party and provided for $250,000 death benefit. Because Mr. Roe did
not have sufficient funds in the account from which the premiums
were to be deducted, payment of the premium was not received
until one day following Roe’s death. Doe Insurance Company
denied the claim made by Roe’s surviving spouse.

Plaintiff’s Contentions:
The Defendants had waived their right to assert or were stopped
from asserting that John Roe’s late payment precluded recovery
under the policy.

Defendant’s Contentions:
The premium payment was not received until after Mr. Roe’s death
and that the policy was not in force or effect at that time.
Accordingly, Defendants asserted that they had no obligation to
compensate Plaintiff under the terms and conditions of the policy.

Damages:
Policy benefits of $250,000; interest; Brandt fees; and
emotional distress.