Madison - St. Clair Record

Saturday, August 24, 2019

Federal court grants voluntary dismissal of lawsuit against Globe Life Insurance Agency


By Elizabeth Alt | Apr 27, 2018

BENTON — A man who claimed his mother’s insurance refused to pay after her death has filed a notice to voluntarily dismiss his lawsuit against Globe Life Insurance Agency Inc.

The U.S. District Court for the Southern District of Illinois granted Justin Wallace’s motion to dismiss a wrongful death lawsuit Wallace filed against Globe Life Insurance. The case has been dismissed without prejudice.

Senior District Judge Phil Gilbert on April 18 signed the court order, stating that under Federal Civil Rules, Wallace can voluntarily dismiss his claim “by filing a notice of dismissal before the defendant serves an answer or files a motion for summary judgment.”

Wallace initially sued Globe Life in December 2017 in Madison County Circuit Court, claiming the insurer breached contract with his mother. In his suit, Wallace claims Globe has refused to pay an insurance policy his mother, Diane O. Parker, named him as beneficiary.

Wallace alleged in his complaint that Parker died of a closed head injury resulting from a fall in February 2007. Wallace alleged that Globe sent a letter in response to his claim for benefits in December 2007, informing him that coverage under the policy was denied. Globe said the cause of Parker’s death was caused by “disease, sickness, bodily or mental infirmity, or medical treatment of same ... and not the result of accidental bodily injury," according to the complaint.

Wallace requested an award exceeding $100,000 and a trial by jury.

All pending motions for the case have been terminated, as Gilbert ordered for the case to be closed.

Wilson was represented by Roy C. Dripps, Michael T. Blotevogel, Charles Armbruster III and Courtney Stirrat of Armbruster, Dripps, Winterscheidt & Blotevogel LLC in Maryville.

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Madison County Circuit Court U.S. District Court for the Southern District of Illinois

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