Fleisher v. Phoenix Life Insurance

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

McMAHON, District Judge:

Plaintiffs Martin Fleisher (“Fleisher”), as Trustee of the Michael Moss Irrevocable Life Insurance Trust II, and Jonathan Berck (“Berck,” and, together with Fleisher, “Plaintiffs”), as Trustee of the John L. Loeb, Jr. Insurance Trust, initiated this class action against Defendant Phoenix Life Insurance Company (“Phoenix”). The only remaining claim (Count One) alleges that Phoenix breached the terms…