UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

THE ESTATE OF TIMOTHY : CASE NO.:

DEARWESTER, by and through its

Administrator, Andrew S. Larkin : JUDGE:

5636 Bridgetown Road

Cincinnati, Ohio 45248 :

Plaintiff, : COMPLAINT & JURY DEMAND

vs. :

WEST COAST LIFE INSURANCE :

COMPANY

343 Sansome Street :

San Francisco, California 94104

:

Registered Agent:

Vivian Imperial :

818 W. 7th St., Ste. 930

Los Angeles, CA 90017 :

and :

PROTECTIVE LIFE CORPORATION :

2801 Highway 280 South

Birmingham, Alabama 35223 :

Registered Agent: :

Deborah Long

2801 Highway 280 South :

Birmingham, Alabama 35223

:

Defendants

:

Now comes plaintiff, The Estate of Timothy Dearwester, by and through its

Administrator, Andrew S. Larkin, Esq., by and through counsel, and for its cause 

of action, states as follows:

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1. At all times relevant herein, plaintiff’s Administrator, Andrew Larkin, 

Esquire is a partner with Rebold, Larkin & Murray, LLC, 5636 Bridgetown Road, 

Cincinnati, Ohio 45248.

2. At all times relevant herein, Andrew Larkin, Esquire is the duly 

appointed Administrator of the Estate of Timothy Dearwester, pursuant to Letters 

of Authority issued by the Warren County, Ohio Probate Court under case number 

PE20171310 and brings this action on behalf of the Estate of Timothy Dearwester, 

its heirs, assigns and beneficiaries. A copy of the Letters of Authority are attached 

hereto and marked as Exhibit 1.

3. At all times relevant herein, defendant, West Coast Life Insurance 

Company, is a company, corporation, and/or other business entity duly authorized 

to write insurance in the State of Ohio with its’ principal place of business being 

located 343 Sansome Street, San Francisco, California 94119 and, among other 

things, is engaged in the business of providing life insurance to the general public, 

including Timothy Dearwester, deceased. 

4. At all times relevant herein, defendant, Protective Life Corporation, 

is a company, corporation, and/or other business entity duly authorized to write 

insurance in the State of Ohio with its’ principal place of business being located

2801 Highway 280 South, Birmingham, Alabama 35223 and, among other things, 

is engaged in the business of providing life insurance to the general public, 

including Timothy Dearwester, deceased. 

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5. Upon information, belief and the written representations of 

defendants, at all times relevant herein, defendant, West Coast Life Insurance 

Company is a subsidiary of defendant, Protective Life Corporation.

6. On or about May 8, 2017, Timothy Dearwester died in downtown 

Cincinnati, Hamilton County, Ohio 45202.

7. On June 14, 2017, plaintiff, Andrew Larkin, Esquire was appointed 

the Administrator of Estate of Timothy Dearwester by the Warren County, Ohio 

Probate Court.

8. On or about May 8, 2017, Timothy Dearwester had a valid contract 

of life insurance, Policy No. Z03131826, with defendant, West Coast Life Insurance 

Company and/or Protective Life Corporation (hereinafter “defendants”), and said 

policy provided term life insurance benefits in the amount of $1,000,000.00.

9. Plaintiff, the Estate of Timothy Dearwester, by and through its 

Administrator, Andrew S. Larkin, Esquire, has properly made a timely claim for 

payment under the aforementioned policy and provided all necessary 

documentation to defendants.

10. Defendants, by and through their agents, servants and/or 

employees, have denied payment on the alleged basis that Timothy Dearwester, 

deceased, failed to make a premium payment, due and owing on a Six (6) month 

interval basis.

11. Life insurance policy Z03131826 expressly states that premium 

payments are to be made on an annual basis. A copy of the policy is attached 

hereto and marked as Exhibit 2.

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JURISDICTION AND VENUE

12. This court has subject matter jurisdiction pursuant to, among other 

things, 28 U.S.C. 1332. The amount in controversy exceeds $75,000.00 and this 

is an action by a plaintiff against defendants who are each citizens of different 

states. The underlying facts which support this Court's jurisdiction are set forth 

below in greater detail. 

13. Venue is proper in this district pursuant to, among other things, 28 

U.S.C. 1391. A substantial portion of the events or omissions occurred within this 

district.

COUNT ONE

14. Plaintiff, Estate of Timothy Dearwester, by and through its 

Administrator, Andrew Larkin, Esquire, refers to and incorporates the preceding 

allegations as if fully rewritten herein. 

15. Defendants have failed to honor plaintiff, Estate of Timothy 

Dearwester’s, proper and timely claim under Policy No. Z03131826 without 

reasonable justification therefore.

16. The failure of defendants to honor plaintiff, Estate of Timothy 

Dearwester’s, claim under Policy No. Z03131826 constitutes a breach of the 

aforementioned insurance contract. 

17. Plaintiff, Estate of Timothy Dearwester, by and through its 

Administrator, Andrew Larkin, Esquire, has demanded a full and fair settlement on 

behalf of the Estate of Timothy Dearwester of all claims in accordance with the 

terms of the insurance contract under Policy No. Z03131826.

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18. Pursuant to Ohio Civil Rule 57 and Ohio Revised Code Sections 

2721.01 through 2721.15, plaintiff, Estate of Timothy Dearwester, by and through 

its Administrator, Andrew Larkin, Esquire, seeks a declaration by this Court that 

the Estate of Timothy Dearwester is entitled to full coverage under Policy No. 

Z03131826 from defendants as a direct and proximate result of the death of 

Timothy Dearwester, in Cincinnati, Ohio on or about May 8, 2017.

COUNT TWO

19. Plaintiff, Estate of Timothy Dearwester, by and through its 

Administrator, Andrew Larkin, Esquire, refers to and incorporates the preceding 

allegations as if fully rewritten herein. 

20. At all times relevant herein, The Estate of Timothy Dearwester, was 

the lawful beneficiary of a valid contract of insurance with defendants, and, in good 

faith, the provisions of said insurance policy were in compliance, including payment 

of premiums and timely notice of the claim. 

21. Defendants intentionally, willfully, wantonly, and and/or maliciously 

failed to act in good faith toward plaintiff, Estate of Timothy Dearwester and 

Andrew Larkin, Esquire the duly appointed Administrator, by, among other things, 

failing to settle the aforementioned claim at a fair and reasonable amount in 

accordance with the terms of the insurance contract under Policy No. Z03131826, 

thereby exposing the Estate of Timothy Dearwester to loss as the policy 

beneficiary, without reasonable justification therefore.

22. As a direct and proximate result of defendants’ failure and/or refusal 

to act in good faith, the Estate of Timothy Dearwester, has sustained damages, 

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including, but not limited to, financial loss of the policy benefits, legal fees and other 

miscellaneous and sundry costs and expenses.

COUNT THREE

23. Plaintiff, Estate of Timothy Dearwester, by and through its 

Administrator, Andrew Larkin, Esquire, refers to and incorporates the preceding 

allegations as if fully rewritten herein. 

24. Defendants’ acts and omissions, by and through their agents, 

servants and/or employees, were willful, wanton, malicious and/or in bad faith 

and/or with actual malice, fraud or insult and entitle the Estate of Timothy 

Dearwester to punitive damages, including legal fees and expenses. 

WHEREFORE, plaintiff, Estate of Timothy Dearwester, by and through its 

Administrator, Andrew Larkin, Esquire, requests that judgment be entered against 

defendants, West Coast Life Insurance Company and Protective Life Corporation, 

ordering the following:

a. Declaratory judgment that the Estate of Timothy Dearwester is 

entitled to full coverage under Policy No. Z03131826, plus all 

applicable and appropriate benefits, interest and costs;

b. Plaintiff be awarded all costs of this action, including attorneys’ fees 

and costs;

c. Plaintiff recover compensatory and punitive damages in an amount 

to be determined, and,

d. Recover such other relief as the Court deems just and proper.

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/s/ Gary F. Franke__________________

Gary F. Franke (#0029793)

Michael D. O’Neill (#0075195)

GARY F. FRANKE CO., L.P.A.

Attorneys for Plaintiff

120 East 4th Street - Suite 1040

Cincinnati, Ohio 45202

(513) 564-9222

Fax: (513) 564-9990

JURY DEMAND

Plaintiff hereby requests a trial by jury as to all questions of fact.

/s/ Gary F. Franke_______________

Gary F. Franke

Attorney at Law

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