Massachusetts Mutual Life Insurance Company v. Lisa Chang, an individual, and Carol Chang, as Conservator
Published: May 13, 2017 | Result Date: Nov. 16, 2016 | Filing Date: Jan. 1, 1900 |Case number: 3:16-cv-03679-EMC Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Richard D. Oppenheim Jr.
(Sylvester Oppenheim & Linde)
Defendant
Terrence J. Coleman
(Pillsbury & Coleman LLP)
Ingrid S. Leverett
(Pillsbury & Coleman LLP)
Facts
Massachusetts Mutual Life Insurance Co. filed a complaint against Lisa Chang and Carol Chang, as Conservator, in connection with an insurance dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff issued a long-term care insurance policy to Lisa in 2003, when Lisa was 36 years old. In 2015, Lisa became confined in a long-term care facility. Following an investigation on Lisa's claim, plaintiff contended that the policy was invalid because, when Lisa applied for it in 2003 she intentionally concealed and/or misrepresented facts about her history of psychiatric treatment and/or disorders, including schizophrenia. Plaintiff therefore filed this lawsuit against Lisa and her conservator.
DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss on the ground that the court lacked subject matter jurisdiction for failure to meet the amount in controversy.
Result
The court agreed that it lacked subject matter jurisdiction. Alternatively, it granted the dismissal motion on the ground that there was a pending parallel state court action.
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