Mont. Woman Awarded $34M in Insurance Lawsuit

April 11, 2012

A 90-year-old woman residing in an assisted-living facility in Billings has won a $34.2 million judgment against her Omaha, Neb.-based insurance company for suspending payments for her dementia care.

Arlene Hull and her daughter sued Ability Insurance Co. in 2010 after the company ended her assisted-living benefits. Ability said Hull no longer qualified after a review found she didn’t require “substantial supervision.”

Hull’s attorney, Mike Abourezk, says the company misinterpreted the policy and misapplied the rules.

The Billings Gazette reported the benefits were restored last year, but the company refused to pay for the time coverage was denied.

The jury awarded Hull $250,000 for breach of contract; $2 million for violation of Montana’s Unfair Trade Practices law; and $32 million in punitive damages.

Ability attorney Paul Collins declined comment.