CMN trial lawyers Elizabeth Doolin, Julie Wall, and Kaitlyn Luther won a decisive victory in the Eastern District of New York following a bench trial before Magistrate Judge Sanket Bulsara. At issue was a $10 million life insurance policy procured pursuant to a fraudulent investment scheme and through multiple misrepresentations concerning the applicant’s finances, other insurance, and premium financing. The policy investors brought a breach of contract claim for the $10 million death benefit proceeds, and the insurer counterclaimed for rescission and fraud against the investors and the writing agent. After a four-day bench trial in the spring of 2019, Judge Bulsara issued his findings of fact and conclusions of law on April 17, 2020, finding the policy rescinded as a result of the insured’s material misrepresentations, allowing the insurer to equitably retain all premiums paid due to the fraud involved in the policy’s procurement, and holding that the writing agent was liable for fraud. CMN’s lawyers are always prepared to go the distance for their clients, and were pleased to bring home a win this spring.
Does ERISA preempt a state law that requires certain employers to provide “fringe benefits” to their employees? The Appellate Court of Illinois, Third District, recently answered “no,” in response to that question. For more information on the decision, please click below.