Eric Wong v. American General Life Insurance Company
Opinion
Trial Court Opinion
I. BACKGROUND
21 Eric and Peter Wong (“Plaintiffs”) bring an action for breach of contract and 22 insurance bad faith against Defendant American General Life Insurance Company 23 (“AIG” or “Defendant AIG”), as well as an action for negligence against Defendant 24 Roxanne Mount1 (“Mount” or “Defendant Mount”) (collectively, “Defendants”). 25 (Complaint, Docket No. 1-1 ¶ 1).
1 Roxanne Mount has been using her married name, Roxanne St. John, for the last thirteen years. (Declaration of Roxanne St. John in Supp. of Opp’n to Motion to Remand (“St. John Decl.”), Docket No. 17-2 ¶ 1). The Court will refer to her as Defendant AIG issued a life insurance policy (the “Policy”) on the life of Peter Wong (“Decedent”) approximately eighteen years ago in 2006. (Id. ¶ 11). Decedent made every payment without incident until approximately May 2023. (Id. ¶ 12). At that point, Decedent had developed cancer “and became too sick and weak to make his payments.” (Id. ¶ 13). Plaintiffs allege that Defendants “had a common policy that failed to comply with Insurance Code sections 10113.71 and 10113.72[,] result[ing] in wrongful and ineffective lapses of…