Rypins

North American Co. for Life & Health Insurance v. Rypins

Good Law
29 F. Supp. 2d 619·1998 WL 853000·1998 U.S. Dist. LEXIS 19101
United States District Court, Northern District of CaliforniaDecember 3, 1998C 97-3535 MEJCalifornia2,735 words

Opinion

Opinion

James, J.

ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY ADJUDICATION

Before the Court is Defendant and Counter claimant Martin Rypins’ Motion For Partial Summary Adjudication pursuant to Rule 56 of the Federal Rules of Civil Procedure. Having read the moving and opposing papers, and Good Cause Appearing, the Court GRANTS the motion.

BACKGROUND

In 1983, Patricia Ann Rypins (“Patricia”) obtained a one hundred thousand dollar life insurance policy from North American Company for Life and Health Insurance (“the Company”) naming her then-husband Martin Rypins (“Defendant”) as the sole beneficiary. Defendant paid the premiums. In January of 1986, Defendant and Patricia divorced, and Patricia restored her maiden name of Patricia Ann Prout. In June of 1986, the premiums were not paid and the policy lapsed. After the lapse, the Company sent Patricia a reinstatement application and a statement of health form. Defendant filled out the reinstatement application and accompanying statement of health and signed Patricia’s signature as “P. Rypins” on both documents. Defendant submitted the reinstatement application and statement of health to the Company with payment for the past due premiums,…

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