Prudential Insurance Co. of America v. Prusky

MEMORANDUM

STENGEL, District Judge.

This declaratory judgment action concerns the interpretation of the parties’ rights and obligations under a life insurance contract. Before the court are two cross motions for summary judgement. For the reasons stated below, I will deny both motions.

I. BACKGROUND

Plaintiff The Prudential Insurance Company of America (“Prudential”) is a life insurance company organized under the laws of New Jersey and with its principal place of business in New Jersey. Am. Compl. ¶ 8. In 1997, defendant Steven Prusky purchased a flexible premium sur-vivorship variable universal…