Duncan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SHIRLEY DUNCAN, No. 2:21-cv-01106-JAM-DMC Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART PLAINTIFF’S

v. MOTION FOR SUMMARY JUDGMENT AND

GRANTING IN PART AND DENYING IN

PRIMERICA LIFE INSURANCE PART DEFENDANT’S MOTION FOR

COMPANY, SUMMARY JUDGMENT

15 Defendant. 16 This case concerns the sole beneficiary of a life insurance policy, Shirley Duncan (“Plaintiff”) and the issue of whether she is entitled to the proceeds of her decedent husband’s policy with Primerica Life Insurance Company (“Defendant”). As discussed below, this case also involves a legal issue of first impression involving statutory interpretation and unique circumstances and facts regarding a life insurance policy that had lapsed due to one non premium payment over nearly 25 years and a life insurance company that did not notify Plaintiff, as the sole beneficiary under the policy, of the payment lapse. The parties have…