Angeles Fernandez v. Transamerica Life Insurance Company

I. Background

Approximately 20 years ago, Transamerica issued a life insurance policy on the life of Anthony Fernandez (“Decedent”). First Amended Complaint (“FAC”) (Dkt. 1 Ex. A) ¶ 10. Plaintiff was the beneficiary under the policy. Id. Decedent made premium payments until August 2022, when he received a notice from Defendant stating that “[y]our premium payment has been received; however, after applying this payment, the value of your policy was not sufficient to cover the monthly deduction charge that was due . . . If that amount is not received in our office by the lapse date, your policy will lapse and terminate.” Id. ¶ 12. Plaintiff alleges that Defendant failed to give adequate notice that any premium was due prior to receiving the above notice in August 2022. Id. Defendant did not send further notice and terminated the policy in September 2022. Id. ¶ 13.

CIVIL MINUTES – GENERAL

Case No. 8:24-cv-00280-DOC-DFMx Date: March 29, 2024

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In March 2023, Plaintiff requested that Defendant reinstate the insurance policy, but Defendant refused to do so “based on medical history”. Id. ¶ 16. Decedent passed away in June 2023. Id. ¶ 17. Following Decedent’s…