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Dubuisson v. Nat'l Union Fire Ins. of Pittsburgh PA

Claims Arising From Policies Bought 15 Years Before Complaint Was Filed Are Time-Barred

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MEMORANDUM OPINION & ORDER This is a putative class action brought by Plaintiffs who purchased accident disability and medical expense insurance coverage provided by Defendants National Union Fire Insurance Company, American International Group, Inc., Catamaran Health Solutions, LLC, Stonebridge Life Insurance Company, Transamerica Financial Life Insurance Company, Federal Insurance Company, Alliant Services, and Virginia Surety Company, Inc. through the “HealthExtras Program.” The Complaint pleads (1) quasi-contract claims; (2) violations of New York General Business Law (“GBL”) §§349-350; and (3) fraud, fraud in the inducement, and aiding and abetting fraud. Plaintiffs seek the recovery of all premiums and fees they paid to Defendants in connection with the insurance coverage they purchased. On September 19, 2016, this Court granted Defendants’ first motion to dismiss, finding that Plaintiffs lack standing. (Dkt. No. 141) On April 12, 2018, the Second Circuit vacated and remanded, ruling that Plaintiffs have standing. (Dkt. Nos. 151, 152) Defendants Stonebridge Life Insurance Company and Transamerica Financial Life Insurance Company (collectively “Stonebridge”) have again moved to dismiss, pursuant to Fed. R. Civ. P. 12(b)(6). (Dkt. No. 166) For the reasons stated below, the motion will be granted. BACKGROUND1 I. FACTS A. Parties Plaintiffs Alice Lacks and Manette DuBuisson reside in Brooklyn.2 (Cmplt. (Dkt. No. 1)

6-7) Defendant Stonebridge Life Insurance Company is a Vermont corporation, and Defendant Transamerica Financial Life Insurance Company is a New York corporation.3 (Id.

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