On October 14, 2021, Massachusetts Mutual Life Insurance Company (“MassMutual” or “Plaintiff”), represented by Kate Leigh Villanueva of Faegre Drinker Biddle & Reath LLP, filed an insurance lawsuit against Andreina Perez (“Defendant”), seeking declaratory relief, along with damages, prejudgment and post judgment interest, costs of suit, for Defendant’s alleged fraudulent, purposeful, and material misrepresentations on the application for the insurance policies. This case was filed in the U.S. District Court in the District of New Jersey with Judges Zahid N. Quraishi and Tonianne J. Bongiovanni presiding.
In the complaint, Plaintiff alleged that, “In December 2018 and October 2019, MassMutual issued three life insurance policies, each with a waiver of premium rider to Defendant. The waiver of premium rider obviates the requirement that Defendant pay a premium on her life insurance policy in the event of total disability – i.e., in the event that a sickness or injury rendered Defendant unable to perform the main duties of her occupation as a caregiver.”
Plaintiff further alleged that, “After Defendant submitted a claim for waived premiums under the policies, MassMutual discovered purposeful, fraudulent, and material misrepresentations in the application for the policies. Specifically, MassMutual discovered that Defendant purposefully failed to disclose, inter alia, that she was treated for a transient ischemic attack (i.e., a mini-stroke) approximately one and a half years before she completed the application for the policies.”
Plaintiff also alleged that, “Had Defendant provided complete and accurate responses to the application questions, MassMutual would not have approved the issuance of the waiver of premium riders that accompany the life insurance policies and would not have offered the same base policy products. In light of Defendant’s material misrepresentations, MassMutual seeks a determination from the Court that the Waiver of Premium Riders for two of the Policies are void and that the two Policies are properly rescinded. MassMutual also seeks a determination from the Court that the claim for benefits under the third Policy is properly denied.”
Plaintiff lists out three claims for relief. All the claims are for declaratory judgments. The first two claims are for the rescission of Policy 22670560 and 24509183, respectively, and the third claim is for benefits properly denied for Policy 22595018. Plaintiff also alleged that Defendant intentionally concealed and knowingly and intentionally made material misstatements of fact, and otherwise failed to accurately, honestly, and/or truthfully answer and disclose material information on the application for above mentioned policies.
In the prayer for relief, Plaintiff requested the court to declare that the waiver of premium riders are rescinded for Policy 22670560 and 24509183 and no insurance under these policies ever took effect and that they are void ab initio. Further, Plaintiffs requested the court to declare that benefits are not payable under Policy 22670560 and 24509183, and that benefits are properly denied under Policy 22595018. Plaintiff further requested for damages, prejudgment interest, post judgment interest, costs of suit, reasonable attorneys’ fees, and such other relief as the court deems equitable and just.
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Pending - Other Pending
Contract - Insurance
Zahid N. Quraishi
Tonianne J. Bongiovanni
MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY
KATHERINE LEIGH VILLANUEVA
Attorney at Faegre Drinker Biddle & Reath LLP
One Logan Square, Suite 2000
Philadelphia, PA 19103
Civil Cover Sheet
Docket(#3) SUMMONS ISSUED as to ANDREINA PEREZ. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jal) (Entered: 10/14/2021)[+] Read More [-] Read Less
DocketJudge Zahid N. Quraishi and Magistrate Judge Tonianne J. Bongiovanni added. (jal) (Entered: 10/14/2021)[+] Read More [-] Read Less
Docket(#2) Corporate Disclosure Statement by MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY. (VILLANUEVA, KATHERINE) (Entered: 10/14/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT against ANDREINA PEREZ ( Filing and Admin fee $ 402 receipt number ANJDC-12894395), filed by MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(VILLANUEVA, KATHERINE) (Entered: 10/14/2021)[+] Read More [-] Read Less
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