Massachusetts Mutual Life Insurance Company v. Letantia Bussell et al
Filing
120
JUDGMENT: IT IS HEREBY ORDERED AND ADJUDGED as follows: (1) Defendant Letantia B. Bussell take nothing from her Counterclaim cause of action against Plaintiff Massachusetts Mutual Life Insurance Company for breach of her policies of disability income insurance and business overhead expense insurance arising from her total disability claims; (2) Defendant Letania B. Bussell take nothing from her Counterclaim cause of action against Plaintiff Massachusetts Mutual Life Insurance Company for breachof the implied covenant of good faith and fair dealing in those insurance contracts by Judge Manuel L. Real, (MD JS-6, Case Terminated). (bp)
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Robert L. Sallander, Jr. (SBN 118352) Dean C. Burnick (SBN 146914) GREENAN, PEFFER, SALLANDER & LALLY LLP 6111 Bollinger Canyon Road, Suite 500 San Ramon, California 94583 Telephone: (925) 866-1000 Facsimile: (925) 830-8787 Attorneys for Plaintiff Massachusetts Mutual Life Insurance Company
JS-6
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY ) Case No.: CV 08-1041-R ) ) ) JUDGMENT Plaintiff, ) ) vs. ) ) LETANTIA B. BUSSELL, an individual, and ) THE UNITED STATES OF AMERICA, and ) DOES 1 through 20, ) ) Defendants. ) ) ) ) ) ) AND RELATED COUNTER-CLAIM This action came on for hearing before the Court on October 6, 2008 on Plaintiff MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, the Honorable Manuel L. Real, District Court Judge presiding. The evidence presented having been fully considered, the issues having been duly heard, and a decision having been duly rendered, IT IS HEREBY ORDERED AND ADJUDGED as follows: (1) Defendant Letantia B. Bussell take nothing from her Counterclaim cause of action against Plaintiff MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY for breach of her policies of 1
JUDGMENT Case No.: CV 08-1041-R
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disability income insurance and business overhead expense insurance arising from her total disability claims; (2) Defendant Letantia B. Bussell take nothing from her Counterclaim cause of action against Plaintiff MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY for breach of the implied covenant of good faith and fair dealing in those insurance contracts; and that (3) Judgment in favor of Plaintiff MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY be entered on its Complaint cause of action for declaratory relief because Defendant Bussell has breached the Required Proof provisions of her disability income and business overhead expense policies and failed to satisfy the preconditions required for insurance coverage and, in so doing, has actually and substantially prejudiced Plaintiff from developing the information it reasonably requires to investigate and assess coverage for her claims. No right to policy benefits thus exists or can arise from Defendant Bussell's claims under her disability income policy or business overhead expense policy. Plaintiff MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY's cause of action in its Complaint for interpleader is dismissed as moot. Plaintiff MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY may recover its costs.
DATED: __November 03, 2008__
_________________________________ HONORABLE MANUEL L. REAL United States District Court Judge
Presented by: Dean C. Burnick (SBN 146914) GREENAN, PEFFER, SALLANDER & LALLY LLP Post Office Box 10 6111 Bollinger Canyon Road, Suite 500 San Ramon, California 94583 Telephone: (925) 866-1000 Facsimile: (925) 830-8787 Attorneys for Plaintiff Massachusetts Mutual Life Insurance Company
2
JUDGMENT Case No.: CV 08-1041-R
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