As Life Is Not Eternal, Injunction Also Cannot Run Ad Infinitum

Andrews v. Nationwide Mut. Ins. Co., No. 1:11 CV 1379, 2011 WL 5118309 (N.D. Ohio Oct. 26, 2011).

Nationwide is NOT on your side, say the plaintiffs in this case.  In this action, a District Court in Ohio held that if the court's ruling requires a business establishment to change its business practice, then such "business practice" costs may be included in determining the amount in controversy. 

At the fag-end of their life, the plaintiffs, Stanley Andrews, aged 77 years and Donald C. Clark, aged 81 years, brought class action alleging that the defendants, Nationwide Mutual Insurance Company and Nationwide Life Insurance Company, failed to make a determination as to whether their insureds are still alive; as a result, the defendants improperly retained death benefits. According to the plaintiffs, the defendants should inquire on at least an annual basis as to whether they owe death benefits to any insured where the probability of death of the insured is at least