John B. Laschkewitsch v. ReliaStar Life Insurance Company
Arbitration ERISA DueProcess Takings Privacy JusticiabilityDoctri
Whether Hurni, Enelow, Stewart and Pickering precedent from this Court; American Trust Co. and Chavis precedent from the NC Supreme Court; unanimous U.S. Circuit Court of Appeals precedent; N.C. Gen. Stat. §58-58-22(2); and other insurance authorities bar ReliaStar's claims, under Federal Rule of Civil Procedure 60(a), since ReliaStar's first contest of the policy contract was 400 days after its two-year contestable period expired, and since the lower courts omitted all of the same
QUESTIONS PRESENTED FOR REVIEW 1. Whether Hurni, Enelow, Stewart and Pickering precedent from this Court; American Trust Co. and Chavis precedent from the NC Supreme Court; unanimous. U.S. Circuit Court of Appeals precedent; N.C. Gen. Stat. §58-58-22(2); and other insurance authorities bar ReliaStar's claims, under Federal Rule of Civil Procedure ; 60(a), since ReliaStar's first contest of the policy contract was 400 days after its twoyear contestable period expired, and since the lower courts omitted all of the same? 2. Whether ReliaStar's breaches of an alleged Producer Agreement, which was not submitted, timely received, dated, signed or agreed to by Petitioner, not made ; effective by ReliaStar, and does not record Petitioner as a party with ReliaStar, and . ReliaStar's untimely attorneys' fee motion, with no affidavit of prevailing rates or timely filed bill of costs, permits fees against Petitioner under Federal Rule of Civil Procedure 60(a) and precedent from this Court, the N.C. Supreme Court, and all U.S. Circuit Courts of Appeal, since the lower courts omitted all of the same? 3. Whether the district court omitted Ben Laschkewitsch's first "possible ALS" diagnosis date, North Carolina applicable three year statutes of limitation, estoppel by depositing premium after notice and knowledge, and actions and declarations affirming the policy for over two years; and ReliaStar's failure to prove sufficient Fed.R.Civ.P § 9(b) particularity, reasonable due diligence, inquire of statements received; and its unfair claim settlement practices and unfair and deceptive trade practices bar ReliaStar's untimely filed claims and fees, under Federal Rule of Civil Procedure 60(a), since the lower courts omitted all such of Petitioner's defenses? ; (4 i : a | ty