John Hancock Life Insurance Company (U.S.A.) v. Katzman et al
| John Hancock Life Insurance Company (U.S.A.) |
| Bette Katzman, Harold M. Hoffman and AK Life Ins. LLC |
| 7:2014cv06766 |
| August 20, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Insurance |
| 28 U.S.C. ยง 1335 |
| None |
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Filing
45
OPINION & ORDER re: 38 CROSS MOTION for Summary Judgment . filed by John Hancock Life Insurance Company (U.S.A.), 31 MOTION for Summary Judgment . filed by AK Life Ins. LLC. For the reasons set forth above, AK Life' ;s motion for summary judgment is DENIED and John Hancock's motion for summary judgment is GRANTED. As a matter of law, John Hancock is entitled to deduct the $196,589.60 from the Policy's $1,250,000.00 death benefit, and is ther efore liable to pay AK Life and/or Bette Katzman $1,053,410.40. As John Hancock has wired $600,000.00 to Bette Katzman and $453,410.40 to AK Life, John Hancock has fully and completely discharged its duty to pay the Policy's dea th benefit. Accordingly, John Hancock is released, discharged, and acquitted of and from any liability of any kind whatsoever under the Policy, and Bette Katzman, Hoffman, and AK Life are hereby enjoined from instituting an action against John Hancock concerning John Hancock's liability to them under the Policy. The Clerk of Court is directed to close the motions at ECF Nos. 31 and 38 and to terminate this action. (Signed by Judge Katherine B. Forrest on 6/17/2015) (lmb)
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