MH Secures Dismissal with Prejudice in Wrongful Lapse Case
MH attorney Jodi Swick represented a life insurer where the policy lapsed, due to non-payment of premium, and insured died thereafter. Plaintiff claimed her husband was incapacitated and was not capable under the California Probate Code to let the policy lapse such that the policy should be reinstated. We brought a motion to dismiss claiming that the policy terms regarding policy payment and reinstatement were enforceable despite the Probate Code. The Court agreed, granted our motion to dismissed, denied Plaintiff leave to amend and dismissed Plaintiff’s claim with prejudice.
Originally Published on February 25, 2015