No. 18-5931

John Laschkewitsch v. Legal & General America, Inc., dba Banner Life Insurance Company

Lower Court: Fourth Circuit
Docketed: 2018-09-11
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights contestability-period contract due-process incontestable-period-violation insurance insurance-authorities insurance-contract insurance-policy-contract manifest-disregard perjury-fraud-on-court policy-interpretation statute-of-limitations statutes-of-limitation unfair-claim-settlement unfair-deceptive-trade-practices unfair-practices unfair-trade-practices
Key Terms:
Takings Privacy JusticiabilityDoctri
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (AI Summary)

Whether LGA can rely on a policy never issued or produced

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether LGA can rely on a policy never issued or produced by either party, changed absent the policy owner's written consent; and Hurni, Enelow, Stewart and Pickering precedent from this Court; American Trust Co. and Chavis precedent from the NC Supreme Court; U.S Circuit Courts of Appeal unanimous precedent; N.C. Gen. Stat. §58-58-22(2); and other cited insurance authorities bar LGA's defenses since LGA's first contest of the policy contract was over forty months after its twoyear contestable period had expired, which the lower courts manifestly disregarded? 2. Whether fees can be awarded LGA since LGA's counsel committed perjury by false swearing and fraud on the court in its fee filing, filed its fee motion without a required affidavit of prevailing market rates or bill of costs; and over an Agreement not submitted or timely received by petitioner, not signed and dated by both parties and since LGA breached the Agreement seven times and three times admitted that no agreement exists, all of which the courts below manifestly disregarded? 3. Whether the district court omitted Ben Laschkewitsch's March 23, 2010 first specialist referred "possible ALS" diagnosis date, North Carolina three year statutes of limitation, waiver or estoppel by depositing premium after notice and knowledge and actions affirming the policy beyond three years; and LGA's failure to plead or prove sufficient Fed.R.Civ.P § 9(b) particularity, reasonable due diligence, inquire of statements received; and its multiple unfair claim settlement practices, unfair and deceptive trade practices and polarity of power over petitioner bar LGA's over forty month untimely contest, excessive fees from seven attorneys and defenses since the. lower courts omitted all of petitioner's claims? . ii .

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-12-08
Petition for Rehearing filed.
2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2018)

Attorneys

John Laschkewitsch
John B. Laschkewitsch — Petitioner
John B. Laschkewitsch — Petitioner