Resource Life Insurance Co. v. Buckner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that class of all residents of the United States who held certificates of life and/or disability insurance and whose “underlying debt terminated before coverage expired but who have not received a full refund of their unearned premiums” was ascertainable
• Applying the rules of contract interpretation and construing a written insurance policy are matters of law for resolution by the trial court which are subject to de novo review on appeal.
• Applying the rules of contract interpretation and construing a written insurance policy are matters of law for resolution by the trial court which are subject to de novo review on appeal.
• where policy contained only notice requirement with no conditional language, notice was not condition precedent to coverage
• while actual wilfulness is not required for the imposition of a sanction, the presence or absence of wilfulness remains relevant to the choice of sanction
• class action plaintiff contended insurer unjustly enriched itself when it made no effort to determine when unearned premiums were owed and to repay the same

Source: CourtListener parenthetical corpus (CC0).