Graham v. Catamaran Health Solutions LLC

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The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss plaintiff's suit seeking reimbursement of premiums, enhanced damages and fees, alleging claims of unjust enrichment, breach of contract, and civil conspiracy. The court held that plaintiff had standing because, if the policy was deemed void ab initio due to non-compliance with state law, then plaintiff will have suffered a compensable economic injury fairly traceable to defendants' actions. Even if the policies were not void, standing still existed because plaintiff had described a concrete and redressable economic injury properly alleged to have been caused by defendants. The court also held that plaintiff's unjust enrichment was time-barred under Arkansas' three-year statute of limitations and tolling of the statue of limitations was not applicable in this case; plaintiff's breach of contract claim was not time-barred; but the breach of contract claim failed as a matter of law because the policy unambiguously granted the insurer an unconditional right to terminate the policy on thirty-days' notice. View "Graham v. Catamaran Health Solutions LLC" on Justia Law