Court Finally Stopped an Unconscionable Level of Overlitigation

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United States District Judge Gary R. Brown was faced with a legal dispute that, perhaps because the defendant was a criminal, went on for years without a final disposition. In Principal Life Insurance Company v. Jason P. Brand, No. CV 15-CV-3804, United States District Court, E.D. New York (September 29, 2021).

ZALMA OPINION

People who commit insurance fraud are egregiously litigious. To drag out the case for more than six years before more than five judges is difficult to understand. To argue against a win – as did the insurer – is simply silly and the insurer should refuse to pay the fees of its counsel who filed the objections. The case was simple – the insured was a criminal whose claim of disability resulted from his criminal conduct and was, therefore, clearly and unambiguously excluded. I was surprised that Judge Brown did not assess sanctions on the parties for wasting the time of the court with an excrutiatingly overlitigation.