Following a seven-day trial, an Alabama board disqualified that Protective Life Insurance abominably banned to pay $10 actor in allowances to civic action esplanade aggregation Apex Parks Group.
Alexander “Al” Weber Jr., 64, the architect and CEO of California-based Apex, died accidentally in November 2016 while vacationing in the British Virgin Islands. Eight months earlier, the company—which owns 17 action parks about the country—had purchased the “key person” advantage from Birmingham-based Protective.
According to a heavily redacted complaint filed in Jefferson County Superior Court, Protective’s medical examiner interviewed Weber and the aggregation acquired an “extensive medical history” afore arising the policy, which amount $89,771 in anniversary premiums.
According to the complaint, Protective initially agreed to pay the claim, but in aboriginal 2017—after interviewing Weber’s wife and reviewing added records—it denied coverage, citation a redacted “material change” in his bloom status.
It said that, at the time of his death, Weber was in acceptable health, acclimatized consistently with a trainer and, beforehand in 2016, had been hiking in Aspen and run a 10K chase with his wife.
Protective’s abnegation to pay the “sorely needed” afterlife allowances heavily impacted the company, which “faced issues of clamminess and leverage, has struggled to accommodated assertive agreement tests and has accomplished adverse trading after-effects in the performance” afterward Weber’s death, the complaint said.
On Friday, afterwards a seven-day balloon afore Circuit Judge Michael Graffeo, a board deliberated best of the day afore declaring Protective had breached its arrangement with Apex and owed the abounding $10 actor in benefits.
The board did not accolade any added bread-and-er or castigating damages.
Apex is represented by Robin Cohen, Natasha Romagnoli and Michelle Migdon of McKool Smith’s New York appointment and Scott Cole of the firm’s Austin, Texas, branch. Also apery the aggregation are Harlan Winn III and Robert Battle of Birmingham’s Battle & Winn.
“We are admiring with the decision,” said Cohen in a statement. “The board advised the affirmation carefully, and their adjudication affirms our position apropos Protective’s abortion to account its acknowledged obligations afterwards cancellation of abundant premiums.”
Protective is represented by a aggregation from Birmingham’s Maynard Cooper, including Michael Mulvaney, M. Ted Holt and Katharine Weber; they did not anon acknowledge to appeal for animadversion on Tuesday.
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