warner v. minnesota life insurance company et al complaint

8/8/2019 WARNER v. MINNESOTA LIFE INSURANCE COMPANY et al Complaint

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COMMONWEALTH OF KENTUCKYMAGO FFIN CIRCUIT COURTDIVISION NO.10-ef-,2 /7ACTION NO.

FILEDMAGOFFIN CIRCUIT COURTJ U L 0 2 2 0 1 0

TONYA TNET WARD, CLERK.B YD C.J OANN WARNERPLAINTIFFV S.COMPLAINTMINNESOTA LIFE INSURANC E COMPANYDEFENDANTSand ACE AMERICAN INSURANCE COM PANYSERVE:Minnesota Life Insurance Com panyCIO S ecretary of StateThe Capitol Building700 Capital Ave.Suite 152Frankfort, Kentucky 4060 1Ace American Insurance CompanyCIO Secretary of StateThe Capitol B uilding700 Capital Ave.Suite 152Frankfort, Kentucky 4 0601*** *** *** *** *** *** *** **

Com es the Plaintiff, by and through C ounsel, and for her Com plaint states as follows:1. The P laintiff states that she is a resident of Salyersville, Magoffm County, K entucky

and she is the widow of the late Richard Warner who died on O ctober 10, 2004 of an accidentalreaction to the drug V ioxx. At the time of the death of the Plaintiffs husband, the Plaintiff had aninsurance contract agreement w ith each of the Defendant Insurance Comp anies.

Case: 7:10-cv-00100-ART Doc #: 1-1 Filed: 08/17/10 Page: 2 of 6 - Page ID#


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2. The interactions between the Plaintiff and Defendan ts set forth in this Com plaintprimarily occurred while the Plaintiff was a resident of Mag offin County, Ken tucky.

3. As to the Defendan t, Minnesota Life Insurance Com pany, the Plaintiff had a policywhich en titled her to have the remaining balance of m ortgage on the hom e the Plaintiff owns inOnondaga, M ichigan. 5045 H unt Road, O nondaga M ichigan, 49264 paid for with the insurance,Policy No. 0464878-683. The Plaintiff states that she is the named beneficiary of the policy inquestion.

4. As to the Defendan t, Ace Am erican Insurance Com pany the Plaintiff states that she hada $250,000.00 acciden tal life insurance policy of which she w as the name insured. Th e policywas through L ansing Autornakers Federal Credit Union, Account N o. 190530.

5. The P laintiff states that since the time of his death she had m ade claims w ith bothDefend ants seeking benefits based on the fact that Richard Warner died of an acc idental deathdue to use of the use of the drug V ioxx.

6. The P laintiff has been advised by b oth insurers that she wo uld need to w ait until aclaim on behalf of Richard W arner against the man ufacturer of Vioxx, Merck, w as resolved.Since the settlement of this claim, the Plaintiff has subm itted docu men tary substantiation for herclaim that her late husband died of an accidental Vioxx reaction. During 2010 the Plaintiffreceived notification from both D efendants stating that they wo uld not be hono ring the claim(s)asserted by the Plaintiff.

7. The Plaintiff alleges that their failure to hon or the accidental death c laim is a breach ofthe insurance co ntract referenced in this case. The P laintiff further states that the actions of theDefend ant in not honoring her claim violate relevant provisions of the K entucky U nfair ClaimSettlement Practices Act as well as constituting a breach of con tract as to each D efendant,



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8. As a result of the Defendants actions, the Plaintiff has continued to make payments onthe residence in Minnesota and has been wrongfully denied the life insurance benefits referencedin this Com plaint.

W HER EFO RE, the Plaintiff seeks relief as follows:1. A judgem ent against each Defendant2. Compensation for the breach of contract, as previously described in this Complaint,

including paym ent of the m ortgage, 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 deem ed appropriate.5. Any and all other relief deemed appropriate, including pre judgem ent and post-judgement interest, plus Court costs.

RESPECTFULLY SUBMITTED,

HON. NED PILLERSDORFPILLERSDORF, DEROSSETT, & LANE124 WEST CO URT STREETPRESTONSBURG, KEN TUCKY 41653PHONE: (606) 886-6090



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08/13/2010 FRI 9!13 FAX 606302M magoffirieircui -h olork2)002/003ti



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V1003/0 03Case: 7:10-cv-00100-ART Doc #: 1-1 Filed: 08/17/10 Page: 6 of 6 - Page ID#

warner v. minnesota life insurance company et al complaint

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