Branch Banking & Trust Co. v. Pacific Life Insurance

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN II, District Judge.

Branch Banking & Trust Company (“BB & T”), as Trustee for the Brown family, brought an action for breach of contract against Pacific Life Insurance Company (“Pacific Life”) in connection with an exchange of life insurance policies pursuant to Section 1035 of the Internal Revenue Code. The parties wish to receive guidance on the Court’s likely instructions to the jury, particularly on the issue of damages, and have filed motions for partial summary judgment addressing those issues. The Court has carefully considered them.

I

The Court…