Kentucky Federal Judge Dismisses Insurer’s Unjust Enrichment Counterclaim
(September 9, 2016, 9:58 AM EDT) -- LOUISVILLE, Ky. — A Kentucky federal judge on Aug. 19 granted a disability claimant’s motion for partial judgment on an insurer’s unjust enrichment counterclaim after determining that the disability plan governs only whether the insurer can recover alleged overpayments and not whether the claimant should repay any overpayments (Linda Graves v. Standard Insurance Co., No. 14-558, W.D. Ky.; 2016 U.S. Dist. LEXIS 111035).
(Opinion available. Document #17-160912-017Z.)
Linda Graves had a long-term disability insurance policy with Standard Insurance Co. While covered under the policy as a...