Moriarty

Moriarty v. American General Life Insurance Company

Good Law
United States District Court, Southern District of CaliforniaNovember 25, 20203:17-cv-01709California1,958 words

Opinion

Trial Court Opinion

I. BACKGROUND

26 This case centers on whether three California Insurance Code provisions 27 apply to life insurance policies issued prior to the provisions’ enactment. They 28 guarantee a 60-day grace period after nonpayment of a premium, Cal. Ins. Code § 10113.71(a), the right to designate someone to receive notices of lapsed payments, id. § 10113.72(a)–(b), and a 30-day notice of a lapsed payment to both the policy owner and aforementioned designee before the policy may be terminated for nonpayment, id. §§ 10113.71(b), 10113.72(c). These code sections went into effect on January 1, 2013. Heron D. Moriarty (“Mr. Moriarty”), the decedent, took out a term life insurance policy with American General in 2012. (ECF No. 18 (“FAC”), ¶ 15.; ECF No. 135 (“Def.’s MSJ”), 2:3–6.) American General did not provide Mr. Moriarty with the right to designate someone other than himself to receive notices of pending lapses in his policy. (FAC ¶ 25.) On March 24, 2016, American General was unable to process Mr. Moriarty’s automatic monthly payment because the associated bank account was closed. (FAC ¶…

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