No. 18-6228

John Laschkewitsch v. American National Life Insurance Company

Lower Court: Fourth Circuit
Docketed: 2018-10-09
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: breach-of-contract civil-procedure contestability due-process estoppel insurance-authorities insurance-contestability insurance-contract insurance-law precedent statute-of-limitations statutory-interpretation time-limitation unfair-and-deceptive-trade-practices unfair-claim-settlement
Key Terms:
Arbitration JusticiabilityDoctri
Latest Conference: 2019-02-15 (distributed 3 times)
Question Presented (AI Summary)

Whether Hurni, Enelow, Stewart and Pickering contestability precedent from this Court; American Trust Co. and Chavis precedent from the NC Supreme Court; unanimous United States Circuit Courts of Appeal precedent; N.C. Gen. Stat. § 58-58-22(2); and other cited insurance authorities bar ANICO's defenses

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether Hurni, Enelow, Stewart and Pickering contestability precedent from this Court; American Trust Co. and Chavis precedent from the NC Supreme Court; _ unanimous United States Circuit Courts of Appeal precedent; N.C. Gen. Stat. § 5858-22(2); and other cited insurance authorities bar ANICO's defenses since ANICO's first contest of the policy contract was over thirty four months after its two-year contestable time period had expired, which the lower courts manifestly disregarded? 2. Whether ANICO's breaches of an Agreement not submitted, timely received, dated or agreed to by petitioner, not made effective by ANICO, and which does not record petitioner as a party; fee motion, with no affidavit of prevailing market rates or timely filed bill of costs, which is redundant, bundled, ambiguous, unrelated and excessive; final and exclusive Texas arbitration remedy, over which fees are waived; failure to file a position statement, as ordered; and improperly filed fee affidavit, with case law citations within, permits fees against petitioner under precedent from this Court and the NC Supreme Court, all of which the courts below omitted? 3. Whether the district court omitted Ben Laschkewitsch's first "possible ALS" diagnosis date, North Carolina Supreme Court collateral estoppel precedent, NC three year applicable statutes of limitation, estoppel by depositing premium after notice and knowledge and actions and declarations affirming the policy for beyond two years; and ANICO's failure to prove Fed.R.Civ.P § 9(b) particularity, reasonable diligence and inquire of statements received; and unfair claim settlement practices and unfair and deceptive trade practices bar ANICO's untimely contest, excessive _ fees and defenses since the lower courts omitted all such of petitioner's claims?

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-12-28
Petition for Rehearing filed.
2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-29
Waiver of right of respondent American National Life Insurance Company to respond filed.
2018-10-09
Motion (18M42) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Kavanaugh took no part in the consideration or decision of this motion.
2018-09-12
MOTION (18M42) DISTRIBUTED for Conference of 10/5/2018.
2018-09-01
Motion (18M42) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2018-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2018)

Attorneys

American National Life Insurance Company
Joseph R. PopeWilliams Mullen, Respondent
John Laschkewitsch
John B. Laschkewitsch — Petitioner