Levine
Levine v. Allmerica Financial Life Insurance & Annuity Co.
Opinion
Opinion
Snyder, J.
ORDER RE: DEFENDANT SEYMOUR v. PRELL’S MOTION TO DISMISS
I. Introduction
Plaintiff Phil Levine, a citizen of California, owns a life insurance policy issued by defendant Allmerica Financial Life Insurance & Annuity Co. (“Allmerica”). Defendant SMA Life Assurance Co. (“SMA”) was the predecessor company of Allmerica. Defendant Seymour V. Prell (“Prell”) was the insurance agent that sold the policy to plaintiff.
On November 23, 1998, plaintiff filed suit in Los Angeles Superior Court, alleging: (1) breach of contract; (2) breach of the implied covenant of good faith and fail-dealing; (3) fraud; (4) negligent misrepresentation; (5) breach of fiduciary duties; and (6) violations of California Business and Professions Code. Prell is named as a defendant in claims 3, 4 and 5.
On January 7, 1999, defendants timely removed to this Court, on the basis of diversity of citizenship, pursuant to 28 U.S.C. § 1441 . Defendants acknowledge that defendant Seymour Prell is a citizen of California and, therefore, nondiverse from plaintiff. However, defendants assert that Prell is a fraudulent or sham defendant and, accordingly, the Court may disregard him in finding diversity. Prell brings the…