Lagstein v. Certain Underwriters at Lloyd's of London

After undergoing major heart surgery in 2001, Dr. Zev Lagstein, a nuclear cardiologist, made a claim on a disability insurance policy he had purchased from Certain Underwriters at Lloyd’s of London. Lloyd’s pussyfooted for years only to eventually deny the claim, so Dr. Lagstein sued in the United States District Court for the District of Nevada. Lloyd’s moved to arbitrate pursuant to the policy, and the District Court granted the motion.

Illustrating the maxim “be careful what you wish for,” the arbitration was wildly successful for Dr. Lagstein, resulting in a total damages award of over $6 million against Lloyd’s, including $4 million in punitive damages. Lloyd’s, unhappy with the result of the arbitration it had demanded, successfully moved in the District Court to vacate the award. Dr. Lagstein appealed, and this court reversed and remanded with instructions to confirm the award. The District Court then confirmed the award but denied Dr. Lagstein’s request for interest and attorneys’ fees. Dr. Lagstein now appeals the District Court’s ruling on interest and attorneys’ fees, and Lloyd’s cross-appeals requesting return of an alleged overpayment to Dr. Lagstein from a…