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Singer v. Massachusetts Mut. Life Ins. Co.

Court Affirms Denial of Death Benefit Due to Nonpayment of Insurance Premiums

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OPINION & ORDER Rebeca Singer (“Plaintiff”) commenced this action against Massachusetts Mutual Life Insurance Company (“Defendant”) on September 3, 2021 in New York State Supreme Court, County of Rockland, pressing three claims for relief: two for breach of contract and one alleging a violation of New York Insurance Law §3211. (Doc. 1-1, “Compl.”). Defendant removed the action to this Court on October 13, 2021 (Doc. 1) and filed an answer on October 20, 2021 (Doc. 4). After the close of discovery, and following a pre-motion conference, the Court granted each of the parties leave to move for summary judgment and set a briefing schedule for the cross-motions. (June 28, 2022 Min. Entry). Presently pending before the Court are the parties’ motions for summary judgment under Federal Rule of Civil Procedure 56. (Doc. 20, “56.1 Stmt.”; Doc. 25; Doc. 26, “Pl. Br.”; Doc. 22, “Def. Br.”; Doc. 23, “Pl. Reply”; Doc. 24, “Def. Reply”).1 For the reasons set forth below, Defendant’s motion for summary judgment is GRANTED and Plaintiff’s motion for summary judgment is DENIED. BACKGROUND The facts recited below are taken from the Complaint, the parties’ joint Local Rule 56.1 Statement with responses, and the documents submitted by the parties. Unless otherwise indicated, the facts cited herein are undisputed. On March 31, 2017, Defendant issued a Renewable Term Life Insurance Policy, policy number 24343312 (the “Policy”), which provided a death benefit of $300,000 and insured the life of Plaintiff’s husband, Israel Singer (the “Insured”). (56.1 Stmt.

1, 3). Plaintiff was listed as the Policy’s intended primary beneficiary. (Id. 2). The Policy defines premiums as “payments needed to keep [the] policy in force.” (Id. 12). The Insured was permitted, under the Policy, to elect an annual, semi-annual, quarterly, or monthly premium frequency. (Id.

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