Lunn v. Prudential Insurance Co. of America

OPINION

SLOVITER, Circuit Judge.

William H. Lunn, Jr. (“Lunn”) appeals the District Court’s order denying his motion for class certification and granting Prudential Insurance Company of America’s (“Prudential”) motion to dismiss based on statute of limitations grounds.

I

Lunn purchased a $25,000 life insurance policy (“Policy”) from Prudential in 1971, when he was forty-five years old and a resident of New York. 1 The Policy required Lunn to pay a fixed annual premium of $847.50 until the age of ninety. The Policy provides, inter alia, a “Waiver of Premium Benefit” (“Waiver”), as follows:

Upon…