Moriarty

I. BACKGROUND

25 In September 2012, Bayside, an insurance brokerage firm, procured a term 26 life insurance policy for the decedent, Heron D. Moriarty (“Mr. Moriarty”), with 27 American General Life Insurance Company (American General). (ECF No. 18 28 (“FAC”), ¶ 15; MSJ, 5:12–13; id. at Exh. 3, 94:6–23.) Mr. Moriarty had an automatic payment schedule set up with American General for his premium payments. (MSJ, 6:11–12; id. at Exh. 3, 95:10–17, 97:3–5.) On the 20th day of each month, American General would deduct the monthly premium from his bank account. (MSJ, 6:11–12; id. at Exh. 3, 95:10–17, 97:3–5.) On March 24, 2016, American General was unable to process Mr. Moriarty’s automatic monthly payment because the associated bank account had been closed. (FAC ¶ 27; MSJ, 6:14–19.) On April 25, 2016, Plaintiff, Mr. Moriarty’s wife, emailed Bayside agent Jiman Kim the following: “Hello! Can you please give me the information on our life insurance. I need to pay it before it expires. I didn’t realize it was connected to an account we closed.” (MSJ, Exh. 7.) Mr. Kim responded the next day explaining he was “trying to…