American National Insurance Company v. Vartan Akopyan

I. INTRODUCTION

On January 11, 2019, American National Insurance Company (‘Plaintiff’) issued a life insurance policy to Sogomon Akopyan (“Insured”), who died one year later. (Compl., ECF No. 1.) Vartan Akopyan (“Defendant”)}—Insured’s son and the Trustee of the Sogomon Akopyan Family Irrevocable Life Insurance Trust, the policy’s owner and beneficiary—subsequently made a claim for benefits under the policy. Plaintiff rejected Defendant’s claim and returned the premium payments that Insured had made. On September 16, 2020, Plaintiff sued for rescission of the policy and for declaratory relief, alleging that Insured’s applications for life insurance concealed material facts. Defendant answered and asserted counterclaims for unfair business practices, breach of contract, and breach of the duty of good faith and fair dealing. (Answer, ECF No. 25.) The Court dismissed Defendant’s counterclaim for unfair business practices on April 8, 2021. (Order re Mot. Dismiss Counterclaim, ECF No. 45.) On November 16, 2021, the Court granted summary judgment to Plaintiff on its claims and on Defendant’s remaining counterclaims, finding that Plaintiff is entitled to rescission of the life…