Levine v. Allmerica Financial Life Insurance & Annuity Co.

ORDER RE: DEFENDANT SEYMOUR v. PRELL’S MOTION TO DISMISS

SNYDER, District Judge.

I. Introduction

Plaintiff Phil Levine, a citizen of California, owns a life insurance policy issued by defendant Allmerica Financial Life Insurance & Annuity Co. (“Allmerica”). Defendant SMA Life Assurance Co. (“SMA”) was the predecessor company of Allmerica. Defendant Seymour V. Prell (“Prell”) was the insurance agent that sold the policy to plaintiff.

On November 23, 1998, plaintiff filed suit in Los Angeles Superior Court, alleging: (1) breach of contract; (2) breach of the implied covenant of good faith and…