Grundstrom

Grundstrom v. Wilco Life Insurance Company

Good Law
United States District Court, Northern District of CaliforniaDecember 4, 20233:20-cv-03445California3,164 words

Opinion

Trial Court Opinion

BACKGROUND

18 The instant case is a putative class action brought by Grundstrom against Wilco. 19 (See Am. Compl. ¶ 10.) Grundstrom alleges her father, Richard Appleton (“Appleton”), 20 purchased, “[i]n or before 1991,” a life insurance policy from a company that was later 21 acquired by Wilco. (See id. ¶¶ 8, 21.) Grundstrom further alleges that, on July 17, 2018, 22 Wilco sent Appleton a termination letter “indicating his policy had lapsed as of July 14, 23 2018.” (See id. ¶ 26.) On September 27, 2018, Appleton passed away. (See id.) 24 On May 21, 2020, Grundstrom filed the instant lawsuit, alleging Wilco violated 25 sections 10113.71 and 10113.72 of the California Insurance Code (hereinafter, “the 26 27 Statutes”).2 She seeks declaratory relief, damages, and restitution. (See Am. Compl. Part XIII.) By order filed October 13, 2020, the Court stayed the instant action, pending the California Supreme Court’s decision in McHugh v. Protective Life Ins. Co., 12 Cal. 5th 213 (2021). (See Order Granting Stay, Doc. No. 32.) Thereafter, McHugh determined the Statutes apply to policies issued before 2013, the year in which the Statutes became effective, an…

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