SEC investigation, subpoenas not a “claim” 10th Circuit, Colorado (unpublished)

MusclePharm v. Liberty , involved an SEC investigation of MusclePharm.  The SEC issued subpoenas to some of MusclePharm’s people.  Summary judgment to Liberty was affirmed.  The SEC investigation was not a claim as defined in the policy.  The Tenth Circuit also denied motions to seal the records, and stated the bias towards open records.

Disability insurer was arbitrary and capricious in determining date of disability — 10th Circuit, ERISA

In Owings v. United Omaha Life, Owings got disability benefits from United but claimed the amount was too low. Summary judgment in favor of United was reversed. The Tenth Circuit found that United was arbitrary and capricious in determining the date that Owings became disabled and, in turn, in calculating the amount of his disability …

No UM subrogation against excess carrier — Oklahoma

In Raymond v. Taylor, 2017 OK 80, the Oklahoma Supreme Court said the UM carrier could not subrogate against the tortfeasor’s excess policy. Raymond was killed while a passenger in a truck driven by Taylor, which was in an accident with a truck driven by Bedell.  Both Raymond and Taylor were employees of Guy’s Seed. …