Grundstrom

Grundstrom v. Wilco Life Insurance Company

Good Law
United States District Court, Northern District of CaliforniaJuly 1, 20223:20-cv-03445California1,509 words

Opinion

Trial Court Opinion

BACKGROUND

23 In the FAC, Grundstrom alleges she was the “primary beneficiary” of a “flexible 24 premium adjustable life insurance policy” (hereinafter, “the Policy”), which her father, 25 Richard I. Appleton (“Appleton”), purchased from a life insurance company that was 26 27 subsequently “acquired and subsumed by” Wilco. (See FAC ¶¶ 21, 23.) As alleged in the FAC, the Policy “provide[d] a 61-day grace period” for quarterly premium payments and required Wilco to provide, before any lapse or termination of coverage for nonpayment, at least 31 days’ written notice to Appleton and “any assignee of record.” (See FAC ¶¶ 23, 25, 59.) Grundstrom alleges that Wilco, on July 17, 2018, sent Appleton “a letter indicating [the Policy] had lapsed as of July 14, 2018,” and that Appleton, on September 27, 2018, passed away. (See FAC ¶ 26.) Grundstrom further alleges that Wilco did not, in purporting to terminate the Policy, comply with the notice requirements of the Policy or of sections 10113.71 and 10113.72 of the California Insurance Code (see FAC ¶¶ 24, 59), and, in addition, violated section 10113.72 by failing to give Appleton…

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