Opinion
Civil Action 21-2673-KSM
07-13-2022
SARA ROSENBERG, Plaintiff, v. NASSAU LIFE & ANNUITY COMPANY, et al., Defendants.
ORDER
KAREN SPENCER MARSTON J.
AND NOW this 13th day of July, 2022, upon consideration of Defendants' Motion to Dismiss (Doc. No. 22) and Plaintiff's opposition brief (Doc. No. 23), it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART.
1. The motion is GRANTED as follows:
a. Count I is DISMISSED only insofar as Rosenberg asserts claims for breach of the implied covenant of good faith and fair dealing based on (i) PHL Variable's refusal to retroactively convert the remainder of the Policy to the PAUL IV product and (ii) PHL Variable's duty to disclose policies offered by its affiliates.
b. Count IV is DISMISSED only insofar as Rosenberg asserts that PHL Variable (i) “precluded Plaintiff from exercising its right of conversion,” (ii) “refused to disclose information to Plaintiff which was necessary for Plaintiff to exercise her right to convert the policy,” (iii) “refused to provide information requested by Plaintiff regarding the [P]olicy,” (iv) “refused to convert the Policy to policies which were available when Plaintiff requested the necessary information,” and (v) “breached the implied duty of good
faith and fair dealing by refusing to inform Plaintiff by or before December 31, 2019, that PHL Variable and [the] Nassau [Defendants] had determined previously that PHL Variable would no longer sell any universal life insurance policies.”
c. Count V is DISMISSED as against all Defendants.
2. The remainder of the motion is DENIED.
IT IS SO ORDERED.