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Brighthouse Financial Inc.
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Misc | Filed: April 19, 2024 | Entered: April 19, 2024 Correa et al v. New England Life Insurance Company et al
Insurance | New York Eastern
Letter
Letter in Response to Plaintiff's Supplemental Letter 72 dated April 11, 2024 by Brighthouse Financial, Inc., New England Life Insurance Company (D'Arcambal, Michelle)
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Misc | Filed: April 11, 2024 | Entered: April 11, 2024 Correa et al v. New England Life Insurance Company et al
Insurance | New York Eastern
Letter
Letter 56.1 Supplemental Letter by Gladys Correa, Raul Correa (Browne, Kristi)
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Order | Filed: April 01, 2024 | Entered: April 01, 2024 Correa et al v. New England Life Insurance Company et al
Insurance | New York Eastern
Order(Other)
ORDER: The complaint in this case sets out two counts. In Count I, plaintiffs "seek a declaratory judgment [requiring] that Defendants prospectively treat the Policy as remaining in full force and effect." ECF No. 1 , 52-71. In support of that request, they cite New York Insurance Law 3211(a)(1). In Count II, they seek a declaratory judgment... to clarify their rights and Defendants' obligations under the Policy. In support of that request, the complaint cites a provision of Florida's insurance law that governs notice and, among other things, requires insurers to notify "the applicant" of his or her "right to designate a secondary addressee at the time of application for the policy." See id. 72-80 (citing Florida Insurance Code § 627.4555). Plaintiffs have given no indication why they believe both states' law applies to the single policy at issue.
On or before April 11, plaintiffs should submit a supplemental letter, not to exceed five pages, setting out their view as to which state's law governs this policy and should be applied in this case -- and why. Defendants may respond, if they choose, on or before April 19 (in a letter of the same length). Ordered by Judge Eric R. Komitee on 4/1/2024. (PMC)
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