Insurance Fraud and Coverage Litigation

Kanner & Whiteley, L.L.C. has successfully prosecuted numerous lawsuits involving insurance fraud and coverage disputes on behalf of policyholders. These cases include disputes arising from Hurricanes Katrina, Rita and Wilma. The firm has also successfully handled state-wide and national class actions against insurers, who have sold defective long term care products to senior citizens. We have also prosecuted cases regarding crop insurance fraud. Examples of insurance cases include:

• Hanson v. Acceleration Life, et al., Civ. No. A3:97-152 (D. N.D. Mar. 18, 1999) (certifying litigation class, rejecting file rate doctrine, and denying summary judgment); Order of December 11, 1999 (approving final settlement of $14.7 million for a class of long-term care policyholders who had suffered rate increase of up to 700%.)
  
• Milkman v. American Travellers Life Insurance Co. , No. 03775 (June Term 2000) (Ct. Comm. Pleas, April 1, 2002 certifying and approving a multi-million dollar settlement class of long-term care policyholders who had received rate increases.)
  
• Shaffer v. Continental Casualty Co., No. 06-2335, slip. op. (C.D. Cal. Aug. 9, 2006) (Klausner, J.) (denying motion to dismiss, in part, as to claims for violations of California Consumer Legal Remedies Act and Unfair Competition Act and for fraud, negligent misrepresentation, and financial abuse of the elderly and granting, in part, as to constructive fraud claim); slip. op. (C.D. Cal. Jan. 26, 2007) (Klausner, J.) (certifying class), permission to appeal denied, No. 07-80017, slip. op. (9th Cir. April 9, 2007); slip op. (C.D. Cal. April 10, 2007) (Guitierrez, J.) (denying in part motion for partial summary judgment on claims for violation of Unfair Competition Act and for fraud, negligent misrepresentation, and financial abuse of the elderly, and on defense of filed rate doctrine, and granting, in part, as to Consumer Legal Remedies Act claim); slip op. (C.D. Cal. July 9, 2007) (Gutierrez, J.) (denying second motion for partial summary judgment on the merits); slip. op (C.D. Cal. June 11, 2008) (Gutierrez, J.) (approving final national class settlement of $60 million) (www.ltcclassaction.com).
• Rakes v. Life Investors Ins. Co. of America, No. 06-99, 2007 WL 2122195 (N.D.Iowa July 20, 2007) (denying motion to dismiss and applying forum law of defendant’s home state to out-of-state plaintiffs).

• Langston v. Louisiana Citizens Property Insurance , No. 53-219, Fiv. '" (25th Jud. Dist. Plaquemines, LA) (upholding Louisiana Valued Policy Law); Rebecca Mowbray, Louisiana Run Insurer Ordered to Pay, Times Picayune, (February 13, 2007).
• Schully, Roberts, Slattery & Marino, APLC v. Loews Corporation, No. 07-4213 (E.D.La.) (business interruption insurance coverage case arising out of losses due to Hurricane Katrina).
• Goodwill Industries of Southeastern Louisiana, Inc. v. Arch Specialty Insurance Co., No. 07-6384 (E.D.La.) (property and business interruption insurance coverage case arising out of losses due to Hurricane Katrina).
• Innovus, Inc. v. St. Paul Travelers, No. 06-5113 (E.D.La.) (business interruption insurance coverage case arising out of losses due to Hurricane Katrina).
• Omega Protein Corp. v. Lexington Ins. Co., et al., 2007 WL 519686 (W.D. La. Feb. 15, 2007) (finding insurer’s reserve information relevant and discoverable)

• Wallace v. American Agrinsurance, Inc. et al., No. LR-C-99-669 (E.D. AR.)(certifying and approving multi-million dollar settlement of rice farmer claims against crop insurance company.)