Du Mortier v. Massachusetts General Life Insurance

MEMORANDUM OF DECISION AND ORDER

On February 3, 1992 the Motions of Plaintiffs for Partial Summary Judgment and of Defendant Massachusetts General Life Insurance Company (“MGLIC”) came on for hearing before this Court. After hearing oral argument, the Court granted plaintiff's Motion for Partial Summary Judgment and took defendant MGLIC’s Motion under submission. Having considered all the arguments and evidence presented, the Court hereby renders its judgment on both motions.

I. Background

This is an action to recover benefits allegedly due under a cancer insurance policy issued to plaintiffs’ decedent by defendant Great Commonwealth Life Insurance Company and assumed by defendant MGLIC, and brokered by defendant Walt Gamer & Associates, Inc. The case was originally filed in state court and removed on the grounds that none of the defendants were citizens of the state in which it was brought pursuant to 28 U.S.C. § 1441 .

Plaintiffs seek recovery under common law theories of breach of contract, breach of covenant of good faith and fair dealing, and fraud and violation of California Insurance Code Section 790.03.

II. Plaintiffs’ Motion for Partial Summary Judgment on…