The Eleventh Circuit affirmed the district court’s order in the defendant insurer’s favor, dismissing the complaint and rejecting a claim that the plaintiff’s universal life policy was ambiguous and thus had to be construed against the insurer, in Anderson v. Wilco Life Insurance Co., 2021 U.S. App. LEXIS 33846 (11th Cir. Nov. 15, 2021). Vanessa…
Tag: Contract construction
Automobile Insurer’s “Lessor Liability Endorsement” Is Not Illusory
An automobile insurer’s “Lessor Liability Endorsement” is not illusory, notwithstanding the fact that federal law bars claims of vicarious liability against vehicle lessors, because the endorsement imposes upon the insurer a duty to defend lessors against vicarious liability claims. Hallums v. Infinity Ins. Co., 2019 WL 6872507 (11th Cir. Dec. 17, 2019). The plaintiffs entered…
Court Revives Claim Challenging Use of “Available Balance” Rather than “Ledger Balance” to Assess Overdraft Fees, Finding Contracts Ambiguous
Carol Tims filed a putative class action against LGE Community Credit Union, claiming that the bank breached its contract with her, and violated the federal Electronic Fund Transfer Act (“EFTA”), when it charged overdraft fees based on Tims’s “available balance”—which took into account pending debits—rather than her “ledger balance,” which did not. The district court…