This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Breach of Covenant of Good Faith and Fair Dealing

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.


#113474

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390