Moriarty

Moriarty v. American General Life Insurance Company

Good Law
United States District Court, Southern District of CaliforniaSeptember 27, 20223:17-cv-01709California2,625 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 In 2012, Plaintiff’s husband, Heron D. Moriarty, took out a term life insurance 24 policy with Defendant American General Life Insurance Company. (ECF No. 18 25 (“FAC”), ¶ 15; ECF No. 135 (“Def.’s MSJ”), 2:3–6) On March 24, 2016, American 26 General was unable to process Mr. Moriarty’s automatic monthly payment because 27 the associated bank account was closed. (FAC ¶ 27; Def.’s MSJ, 2:23–3:2) On 28 May 22, 2016, American General terminated the policy as of the date of the lapsed payment: March 20, 2016. (Def.’s MSJ, Exh. 13) Mr. Moriarty passed away on May 31, 2016. (Id. at Exh. 14) On June 22, 2016, Plaintiff submitted a claim on Mr. Moriarty’s life insurance policy. (Id. at Exh. 16) On July 6, 2016, American General denied the claim because the policy had allegedly terminated as of March 20, 2016, which was prior to Mr. Moriarty’s death. (Id. at Exh. 17) On October 19, 2017, Plaintiff filed an amended complaint on behalf of herself and a purported class of similarly situated individuals, asserting claims for (1) declaratory and injunctive relief; (2) breach of contract: (3) bad faith; (4) 11 …

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