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MARCIAL v. CORONET INS. CO.

No. 88-3127.

880 F.2d 954 (1989)

Francisco MARCIAL, Odessa Graham, Jolanta Nytko, Witold Nytko, Carretha Williams, Thomas Triplett, James Young, and Linda Young, Individually and in a representative capacity on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. CORONET INSURANCE COMPANY and Elston Claims Service, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 1989.

Attorney(s) appearing for the Case

Mark D. DeBofsky, Debofsky & Debofsky, Ronald S. Fishman, Fishman & Fishman, Chicago, Ill., for plaintiffs-appellants.

Alvin R. Becker, Timothy M. Kelly, Beermann, Swerdlove, Woloshin, Barezky & Berkson, Chicago, Ill., for defendants-appellees.

Before WOOD, Jr., MANION, and KANNE, Circuit Judges.

WOOD, Jr., Circuit Judge.

Plaintiffs claim that defendants Coronet Insurance Company (Coronet) and Elston Claims Service (Elston) violated the Racketeering Influenced and Corrupt Organization (RICO) statutes, 18 U.S.C. §§ 1961-1965, by using polygraph tests as a means for denying insurance claims. Plaintiffs contend that Coronet and Elston defrauded policyholders when they indicated that polygraph tests were required to receive payment on automobile theft...

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