State v. Virk

1 Citing case

  1. Massachusetts Mutual Life Ins. Co. v. Woodall

    304 F. Supp. 2d 1364 (S.D. Ga. 2003)   Cited 4 times
    Acknowledging that "rights-reservation letters" are commonly used in the first-party context to deny benefits "without facing the risk of a bad-faith penalty"

    Prosecutors have since used the "Twinkie Defense" term to disparage defense efforts to explain away criminal conduct. See. e.g., State v. Virk, 2001 WL 210682 at *5 (Wash.App. Div. 1 3/5/01) (unpublished). But Gullible, like MMLIC, failed to expressly exclude against this result in its policy, so it brings an action to deny coverage on public policy grounds, arguing that T.S.'s criminal behavior is inextricably intertwined with the depression supporting his disability claim, and no one should benefit from one's own wrongdoing.