Zamora-Leon v. United of Omaha Life Insurance Company

Justia Dockets & Filings Second Circuit New York Southern District Zamora-Leon v. United of Omaha Life Insurance Company

Zamora-Leon v. United of Omaha Life Insurance Company

Plaintiff:	Jesus Zamora-Leon
Defendant:	United of Omaha Life Insurance Company
Case Number:	1:2015cv09206
Filed:	November 23, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Jesse M. Furman
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 18, 2017	Filing 48 MEMORANDUM OPINION AND ORDER re: 34 MOTION for Summary Judgment filed by United of Omaha Life Insurance Company, 44 MOTION to Strike Document No. 40 in Part filed by United of Omaha Life Insurance Company. The Court is not without sympathy for Zamora, who no doubt genuinely believed that he was current with his premium payments and was surprised to learn well after the fact that his policies had been terminated for non-payment. At the same time, the result would surely have been different had Llanos-and Zamora himself-exercised due care to ensure that the payments had been received, particularly after being told that they had not. In any event, for the reasons stated above, the Court is compelled to conclude that United was within its rights under the parties' agreements to terminate the policies. Accordingly, United's motion for summary judgment is GRANTED, and Zamora's claims are dismissed in their entirety. The Clerk of Court is directed to terminate Docket Nos. 34, 43, and 44 and to close this case. (Signed by Judge Jesse M. Furman on 9/18/2017) (mro)

Date Filed

Document Text

September 18, 2017

Filing 48 MEMORANDUM OPINION AND ORDER re: 34 MOTION for Summary Judgment filed by United of Omaha Life Insurance Company, 44 MOTION to Strike Document No. 40 in Part filed by United of Omaha Life Insurance Company. The Court is not without sympathy for Zamora, who no doubt genuinely believed that he was current with his premium payments and was surprised to learn well after the fact that his policies had been terminated for non-payment. At the same time, the result would surely have been different had Llanos-and Zamora himself-exercised due care to ensure that the payments had been received, particularly after being told that they had not. In any event, for the reasons stated above, the Court is compelled to conclude that United was within its rights under the parties' agreements to terminate the policies. Accordingly, United's motion for summary judgment is GRANTED, and Zamora's claims are dismissed in their entirety. The Clerk of Court is directed to terminate Docket Nos. 34, 43, and 44 and to close this case. (Signed by Judge Jesse M. Furman on 9/18/2017) (mro)

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Plaintiff: Jesus Zamora-Leon
Represented By:	Scott M. Harrington
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Defendant: United of Omaha Life Insurance Company
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