Gary Rand; Gary Rand as Trustee of the Rand 1992 Irrevocable Trust; Suzanne E. Rand-Lewis; Suzanne E. Rand-Lewis as Trustee of the Suzanne E. Rand-Lewis Family Trust Dated August 17, 1993; Leslie B. Rand-Luby; Leslie B. Rand-Luby as Trustee of the Leslie B. Rand-Luby Living Trust Dated November 10, 1995 v. Midland National Life Insurance; Michael L. Kelly; and Does 1 through 100
Published: Mar. 20, 2020 | Result Date: Dec. 26, 2019 | Filing Date: Apr. 22, 2019 |Case number: 2:19-cv-03104-RSWL-JEM Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Timothy D. Rand-Lewis
(Law Office of Timothy D. Rand-Lewis)
Defendant
Edith S. Shea
(Burke, Williams & Sorensen LLP)
Karen T. Tsui
(Maynard, Cooper & Gale LLP)
Christie B. Carrino
(Godfrey and Kahn SC)
Paul F. Heaton
(Godfrey and Kahn SC)
Facts
Gary Rand and various trustees of the Rand-Lewis living revocable trust filed a lawsuit against Midland National Life Insurance and its regional sales director, Michael Kelly after Midland terminated plaintiff's insurance policy.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that their agreement with defendant calculated policy premiums under a set formula. Plaintiffs contended that rather than calculate premiums under the set formula, defendant calculated premiums under an undisclosed formula to induce plaintiffs into relinquishing the policy. Plaintiffs contended that defendant's eventual termination was improper and the policy remains in full force and effect.
DEFENDANT'S CONTENTIONS: Defendant contended that the premium formula was legal and proper. Defendants contended that the policy was properly terminated after the policy lapsed for plaintiff's refusal to pay a premium. Defendant further claimed that the claim was barred by the statute of limitations.
Result
The court granted defendant's motion to dismiss because it found the claim barred by the statute of limitations.
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