EZELL v. LEXINGTON INS. CO.

No. 18-2064.

926 F.3d 48 (2019)

Norma EZELL, Leonard Whitley, and Erica Biddings, on behalf of themselves and others similarly situated, Plaintiffs, Appellants, v. LEXINGTON INSURANCE COMPANY; American International Group, Inc.; AIG Assurance Company; AIG Insurance Company; AIG Property Casualty Company; AIG Specialty Insurance Company; American General Life Insurance Company; National Union Fire Insurance Company of Pittsburg, PA.; AGC Life Insurance Company; American General Annuity Service Corporation; AIG Claims, Inc., f/k/a AIG Domestic Claims, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 11, 2019.


Attorney(s) appearing for the Case

Craig R. Spiegel , with whom Steve W. Berman , Seattle, WA, was on briefs, for appellants.

Adam H. Offenhartz , with whom James L. Hallowell , Nancy E. Hart , Peter M. Wade , New York, NY, William T. Hogan III , and Nolan J. Mitchell , Boston, MA, were on brief, for appellees.

Before Lynch, Circuit Judge, Souter, Associate Justice, and Kayatta, Circuit Judge.


Appellants Norma Ezell, Leonard Whitley, and Erica Biddings entered into structured settlement agreements with Lexington Insurance Company. By the terms of their settlements, appellants agreed not to pursue their wrongful death and personal injury claims against parties insured by Lexington. In exchange, Lexington agreed...

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