Legal Opinion

Lincoln National Life Insurance Company v. Peter S. Bezich, individually and on behalf of a class of others similarly situated

Indiana Court of Appeals

Decided June 2, 2015No. 02A04-1407-PL-319Published

1Opinion of the Court

ROBB, Judge.

Case Summary and Issues

[1] Peter Bezich filed a complaint against Lincoln National Life Insurance Company (“Lincoln”), alleging three separate counts of breach of contract regarding his variable life insurance policy. Bezich then moved to certify a class of policyholders on all three breach of contract claims. The trial court issued an order denying class certification as to Count 1 and Count 2 of Bezich’s complaint. However, the trial court concluded that a single-issue class may be certified as to Count 3 for the purpose of determining liability. Lincoln appeals, arguing that…

2Cases cited22 opinions

  1. Taylor v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 1993
  2. Daines v. VincentUtah Supreme Court · 2008
  3. University of Southern Indiana Foundation v. BakerIndiana Supreme Court · 2006
  4. Simon v. United StatesIndiana Supreme Court · 2004
  5. Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Ass'nCalifornia Supreme Court · 2013

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