Pham

Pham v. Lincoln Benefit Life Co.

Good Law
United States District Court, Eastern District of CaliforniaOctober 26, 20232:23-cv-00561California2,580 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Kim-Anh Pham, No. 2:23-cv-00561-KJM-DB Plaintiff, ORDER v. Lincoln Benefit Life Company, 1S Defendant. 16 This case concerns the lapse and termination of life insurance policies. Plaintiff Kim-Anh Pham claims defendant Lincoln Benefit Life Company wrongfully terminated her husband’s 19 policy and refused to pay the benefits owed to plaintiff when he passed away. Defendant moves 20 to dismiss plaintiff's complaint for failure to state a claim. For the reasons below, the court grants the motion. 22 I. BACKGROUND In 2012, California “created certain protections to shield consumers from losing life 24 insurance coverage because of a missed premium payment.” McHugh v. Protective Life Ins. Co., 12 Cal. Sth 213, 220 (2021). Enacted in 2013, California Insurance Code sections 10113.71 and 10113.72 provide certain procedural protections for policy holders, including a…

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