- Trevor A. Brown Wins Summary Judgement, Kersh v. Manulife, 792 F.Supp. 2d 1111 (2011)
- February 17, 2012 | Author: Trevor A. Brown
- Law Firm: Starn • O'Toole • Marcus & Fisher A Law Corporation - Honolulu Office
In the case of Kersh v. Manulife, 792 F.Supp. 2d 1111 (2011), Starn O'Toole Marcus & Fisher director, Trevor A. Brown, announced that the law firm's client won summary judgment dismissing all counts of the plaintiff’s complaint because the claims were time barred.
The plaintiff claimed that he had purchased a universal life insurance policy from Manulife and understood that once his installment payments were made for the specified amount, he would not be required to make further payments. The defendant insurance company issued a whole life policy with the amount of payments dependent on the investment performance of the policy, and claimed that was what the plaintiff knew he was buying.
The case was challenging because the original salesperson had passed away, and neither party had a copy of the original documents. The court ultimately agreed with defendants on a novel issue of law, either the plaintiff had to sue for breach of contract when he was told the life insurance policy required additional payments to stay in force, or suit could not be brought until his death. Since the plaintiff had waited to sue for years after he was told that additional payments were due, and had not yet died, the court dismissed the case.