Homan
Caroline R. Homan, Individually, and on Behalf of the Class v. Colonial Penn Life Insurance Company
Opinion
Trial Court Opinion
BACKGROUND
23 This is a putative class action for alleged violations of the California Insurance Code, 24 §§ 10113.71 and 10113.72. (ECF No. 1, Exh A, Complaint, ¶¶ 1-15.) Plaintiff is Caroline R. 25 Homan, an individual and beneficiary of a life insurance policy that insured her late husband’s 26 life. (Id. at ¶ 11.) Defendant is Colonial Penn Life Insurance Company, a Pennsylvania 27 corporation doing business in California that is licensed to sell life insurance. (Id. at ¶ 12.) 28 Plaintiff alleges that Defendant violated the Insurance Code when it terminated the relevant life insurance policy, and Plaintiff asserts that the policy must be restored. (Id. at ¶¶ 1-15.) As relevant here, the California Insurance Code generally require that life insurers provide: (1) a 60-day grace period in the policy contract and in practice, § 10113.71(a); (2) sufficient notice of missed premium and “of pending lapse and termination” prior to the effective termination date, § 10113.71(b); and (3) an annual opportunity to designate a third party to receive notice of a potential termination of benefits for nonpayment of a premium, §…