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Kemper Motion Gives Rise to Voluntary Dismissal in Life Insurance Policy Dispute

January 19, 2021

Doug Kemper (Of Counsel-Louisville, KY) represented an insurance broker who assisted his client in obtaining a life insurance policy. When the insured died within the two-year incontestability period, the insurance company rescinded the policy and declined payment on the claim. The insured’s widow sued the insurance company and the firm’s client for breach of contract and bad faith in Jefferson Circuit Court. Doug filed a Rule 12 Motion to Dismiss, arguing that the broker is not a party to the insurance contract and thus cannot be liable for breach of contract, nor can he be liable for bad faith since he had no nexus to the contract. In lieu of filing an answer to our motion, the plaintiff agreed to voluntarily dismiss all claims against our client.

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