Sam Kademenos v. Equitable Life Assurance Society of the United States, a Corporation

I agree with Judge Rosenn’s conclusion that the record fails to negate the existence of privilege and thus requires reversal of the judgment entered by the district court in favor of the plaintiff *1078and remand with directions to enter judgment in favor of the defendant.

I would reverse the district court’s judgment with directions to enter judgment in favor of the defendant for this further independent reason:

The plaintiff breached his contract with the defendant when he wrote the Jefferson Standard Life Insurance policy without the defendant’s prior approval and this constitutes an illegal…