DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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161161P.pdf 08/23/2017 Kenneth Graham v. Stonebridge Life Insurance Co.
U.S. Court of Appeals Case No: 16-1161
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Melloy, Author, with Loken and Murphy, Circuit Judges]
Civil case - Insurance. In class action alleging defendant insurers and
marketers advertised and sold group disability policies that were void ab
initio due to a failure to comply with applicable Arkansas insurance law,
the district court did not err in finding plaintiff had standing because
if the policies were deemed void ab initio due to non-compliance with
state law, plaintiff would have suffered a compensable economic injury
fairly traceable to defendants' actions; plaintiff also had standing to
purse allegations of injury even if the policies were not void because he
could only recover a portion of his paid premiums and had, therefore, a
concrete and redressable injury; Arkansas has a three-year statute of
limitations on claims for unjust enrichment, and plaintiff's unjust
enrichment claim is time-barred; no grounds for tolling exist; while
plaintiff's breach of contract claim is not time-barred, the insurer, by
plaintiff's own allegations, complied with the policy's provisions for
termination, and the claim fails as a matter of law.