Siino

Siino v. Foresters Life Insurance and Annuity Company

Good Law
United States District Court, Northern District of CaliforniaJune 29, 20214:20-cv-02904California725 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAMELA SIINO, Case No. 20-cv-02904-JST

Plaintiff,

ORDER TO SHOW CAUSE WHY

v. CASE SHOULD NOT BE STAYED

FORESTERS LIFE INSURANCE AND ANNUITY COMPANY, Re: ECF No. 70 11 Defendant.

12 In this putative class action, Plaintiff Pamela Siino alleges that Defendant Foresters Life Insurance and Annuity Company violated California Insurance Code Sections 10113.71 and 10113.72 (“the Statutes”) by terminating her life insurance policy, and the policies of putative class members, without strictly complying with the Statutes. On June 10, 2020, Defendant moved to dismiss Plaintiff’s breach of contract claim arguing that the Statutes only apply to policies issued and delivered after the Statutes became effective on January 1, 2013. In the alternative, Defendant moved to stay the case pending resolution of appeals before the Ninth Circuit and California Supreme Court which raise the question of whether the Statutes apply to…

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