Jakobovits v. Allianz Life Insurance Company of North America

Justia Dockets & Filings Second Circuit New York Southern District Jakobovits v. Allianz Life Insurance Company of North America

Jakobovits v. Allianz Life Insurance Company of North America

Plaintiff:	Isaac Jakobovits
Defendant:	Allianz Life Insurance Company of North America
Case Number:	1:2015cv09977
Filed:	December 22, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Orange
Presiding Judge:	William H. Pauley
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 18, 2017	Filing 94 MEMORANDUM AND OPINION re: 46 MOTION for Summary Judgment . filed by Allianz Life Insurance Company of North America, 52 MOTION for Summary Judgment . filed by Isaac Jakobovits: Plaintiff Isaac Jakobovits, as trustee of LITE Trust I, brings this breach of contract and declaratory judgment action against Defendant Allianz Life Insurance Company of North America ("Allianz"). Jakobovits seeks damages for Allianz's alleged breach of nine lapsed life ins urance policies on three different individuals (one of whom is now deceased), as well as an order reinstating the policies as to the two living insureds. Both parties move for summary judgment. For the reasons stated above, Plaintiff's motion fo r summary judgment is denied and Defendant's motion for summary judgment is granted in part and denied in part. Plaintiff lacks standing to bring claims on the Stern and Rosenberg policies. Defendant's motion is denied as to the Oberlander policies because a jury question remains as to whether Defendant breached the implied covenant of good faith and fair dealing. Defendant's motion is denied in all other respects. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 46 and 52. (Signed by Judge William H. Pauley, III on 7/18/2017) (jwh)

Date Filed

Document Text

July 18, 2017

Filing 94 MEMORANDUM AND OPINION re: 46 MOTION for Summary Judgment . filed by Allianz Life Insurance Company of North America, 52 MOTION for Summary Judgment . filed by Isaac Jakobovits: Plaintiff Isaac Jakobovits, as trustee of LITE Trust I, brings this breach of contract and declaratory judgment action against Defendant Allianz Life Insurance Company of North America ("Allianz"). Jakobovits seeks damages for Allianz's alleged breach of nine lapsed life ins urance policies on three different individuals (one of whom is now deceased), as well as an order reinstating the policies as to the two living insureds. Both parties move for summary judgment. For the reasons stated above, Plaintiff's motion fo r summary judgment is denied and Defendant's motion for summary judgment is granted in part and denied in part. Plaintiff lacks standing to bring claims on the Stern and Rosenberg policies. Defendant's motion is denied as to the Oberlander policies because a jury question remains as to whether Defendant breached the implied covenant of good faith and fair dealing. Defendant's motion is denied in all other respects. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 46 and 52. (Signed by Judge William H. Pauley, III on 7/18/2017) (jwh)

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Plaintiff: Isaac Jakobovits
Represented By:	Seth D. Ard
Represented By:	Andres C. Healy
Represented By:	Steven Gerald Sklaver
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Defendant: Allianz Life Insurance Company of North America
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