Western World Insurance Company v. Narconon of Georgia, Narconon International

[mefree]

Apparently, this case has been reinvigorated.

And now, another insurance company is piling on. Western World Insurance had previously filed suit against Narconon, then had put its lawsuit on hold. But now the suit is back with a vengeance, as one of our legal advisers explains to us after looking through the documents…

more at http://tonyortega.org/2013/09/04/scientologys-drug-rehab-network-stymied-in-canada-sued-by-insurers-generally-screwed/

[SocialTransparency]

Apparently, this case has been reinvigorated.

And now, another insurance company is piling on. Western World Insurance had previously filed suit against Narconon, then had put its lawsuit on hold. But now the suit is back with a vengeance, as one of our legal advisers explains to us after looking through the documents…

more at http://tonyortega.org/2013/09/04/scientologys-drug-rehab-network-stymied-in-canada-sued-by-insurers-generally-screwed/

 

[Witnessman]

With all due respect to Mr. Ortega, a fine journalist, and his legal commentators, insurance companies filing lawsuits and motions to try to weasel out of having to pay money just ain't news.  Its kinda like the sun rising in the east.

As for this specific federal declaratory judgment lawsuit, the judge's order looks like a mistake and is totally not news.  Why? It granted a motion filed prior to the settlement of the Desmond bloodbath - which remains settled, done, complete. 

It is hard to fathom a reasonable guess why the lawsuit is even still pending at all and I would say it likely will not be for much longer.  Regardless, it is the exact opposite of reinvigorated.

[ethercat]

I thought it was odd that the doument linked in the article is identical to one we had posted back in January:
http://alley.ethercat.com/storage/US-1-12-cv-02117-AT/US-1-12-cv-02117-AT-2013-01-08-SecondAmendmentToComplaintForDeclaratoryJudgment-ExhibitA-49-1.pdf

The only differences are the numbering, 62 on the new one, and 49-1 on the older one; and the dates filed.  It also seemed odd that a document marked as an exhibit was entered, apparently, as a "standalone" filing.  Aren't exhibits always filed as part of a motion?

[mefree]

Interesting! Thanks witnessman. I was as puzzled as ethercat about this one.

[Witnessman]

I thought it was odd that the doument linked in the article is identical to one we had posted back in January ... Aren't exhibits always filed as part of a motion?

Yes.  In this instance, the Exhibit was Western World's proposed Amended Complaint and was attached to the Motion requesting permission for it to be filed.  Recently, the U.S. District Court Judge entered a minimalist, housekeeping Order granting such permission and the Amended Compliant (replete with Exhibit sticker and already included in and part of the record of the declaratory judgment lawsuit) was officially filed into the record, again, but as filed pleading, rather than as a proposed pleading.

However, because the underlying Desmond v. NNGA lawsuit in DeKalb County State Court had been settled and dismissed in the meanwhile, the filing of this Amended Complaint was a total non-event.  Moot is the apt legal term.

[AnonLover]

As for this specific federal declaratory judgment lawsuit, the judge's order looks like a mistake and is totally not news.  Why? It granted a motion filed prior to the settlement of the Desmond bloodbath - which remains settled, done, complete. 

So Western World Insurance was a named party in the settled Desmond case?

[ethercat]

Yes.  In this instance, the Exhibit was Western World's proposed Amended Complaint and was attached to the Motion requesting permission for it to be filed.  Recently, the U.S. District Court Judge entered a minimalist, housekeeping Order granting such permission and the Amended Compliant (replete with Exhibit sticker and already included in and part of the record of the declaratory judgment lawsuit) was officially filed into the record, again, but as filed pleading, rather than as a proposed pleading.

However, because the underlying Desmond v. NNGA lawsuit in DeKalb County State Court had been settled and dismissed in the meanwhile, the filing of this Amended Complaint was a total non-event.  Moot is the apt legal term.

Ah, thanks, Witnessman.  They couldn't be bothered to file a copy without the exhibit sticker?     The judge is probably just going through her still formally open cases and trying to get them off her plate.  'Twill be interesting to see what the next filing is, as a spectator.

So Western World Insurance was a named party in the settled Desmond case?

Western World wasn't a named party in the Desmond case itself, other than being named in one of the interrogatories as Narconon's insurance provider (not as a party, though).  Western World had filed its own lawsuit to ask for a declaratory judgement against the plaintiffs and defendants that were named on the Desmond case. 

What I imagine is going on is that Narconon's lawyers are trying to get paid for their services, and Narconon and Western World are both balking.  It's interesting to note (although I'm not sure it means anything) that Alston & Bird, which was the firm who represented Narconon International toward the end of the Desmond case, are representing the plaintiffs in the Evanston Insurance case.

I feel certain this doesn't affect the settlement the Desmonds got - Jeff Harris and team were very much clued in to Narconon's behavior, and (IMO) they would not have signed off on a settlement without getting the money first.  When they let Lisa Robinson out of the case, they received her settlement right in the courtroom, before she was dismissed.

[mefree]

Ruling comes in long-running legal battle over a Georgia overdose death - AJC
Lois Norder
January 14, 2018

Was the death of Patrick Desmond, a former Marine being treated for addiction at a Narconon clinic in the Norcross area, an “occurrence”? That legal question was finally settled in a California courtroom last week, almost 10 years after the 28-year-old’s death from an overdose of alcohol and opiates.

“The neglectful provision of alcohol to and deficient supervision of a patient in rehab leading to the patient’s unexpected death constitute an ‘occurrence’ or ‘accident,’

...The court ruled in favor of NIAC with respect to the liquor liability coverage form because, it said, the situations in the lawsuits did not involve providing alcohol in a business or formal setting.

the ruling states.

more at http://investigations.blog.ajc.com/2018/01/14/ruling-comes-in-long-running-legal-battle-over-a-georgia-overdose-death/

[9001]

Court decision text of 9th January 2018 WESTERN WORLD INSURANCE COMPANY v. NIAC

https://www.leagle.com/decision/infdco20180111a69

It also got some coverage at the Business Insurance website

http://www.businessinsurance.com/article/20180112/NEWS06/912318484/Western-World-wins-insurer-dispute-over-Scientology-based-rehab-operation

Hope this helps