California’s Second District Court of Appeal Affirms Dismissal in Life Insurance Dispute

February 25, 2014

Case Studies

MH attorneys Tom Hetherington and Jodi Swick represented a life insurance company in a lawsuit where Plaintiff alleged a second-to-die life insurance policy obligated the insurance company to pay the death benefit twice, i.e., upon the death of each spouse. Plaintiff sued the insurance broker who sold him the policy, the broker’s employer, and the insurer. The trial court sustained defendants’ demurrers to plaintiff’s second amended complaint without leave to amend and entered judgment accordingly, largely on statute of limitations grounds. The California’s Second District Court of Appeal affirmed the trial court’s dismissal.