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Halberstam v. Allianz Life Ins. Co. of N. Am.

Insurer Went Beyond Terms, Could Not Rely on Nonpayment to Justify Contract's Termination

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Opinion & Order  In this case, the plaintiff is suing for a declaratory judgment that a certain life-insurance policy, issued by the defendant and owned by a trust of which the plaintiff is both trustee and beneficiary, remains in effect. Despite the variety of issues that the parties have briefed, the material facts are undisputed. The defendant insisted upon performance by the plaintiff that went beyond the terms of the policy. Accordingly, the defendant cannot rely on the plaintiff’s subsequent failure to tender premiums to justify its termination of their contract. The plaintiff is entitled to summary judgment.BACKGROUNDThe policy around which this case revolves was issued in April 2008 by the defendant, on the life of one Dora Zupnick. Def.’s 56.1 Statement1, ECF No. 48-2; Pl.’s 56.1 Statement1, ECF No. 52-2.1 The policy was issued to Abraham Zupnick, her son, as trustee of the Zupnick Family Trust 2008 B, the owner and beneficiary of the policy. Def.’s 56.1 Statement

2-3; Pl.’s 56.1 Statement

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