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Sara v. Talcott Resolution Life Ins. Co.

Policy Administrator's 30-Day Removal Period Began With Receipt of Process From Its Agent

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OPINION & ORDER Before the Court is Plaintiff’s motion to remand this case to the Supreme Court of the State of New York, Westchester County, and for attorneys’ fees and costs associated with the motion. (ECF No. 10.) For the following reasons, Plaintiff’s motion is DENIED. I. BACKGROUND I accept as true the facts but not the conclusions in Plaintiff’s Verified Complaint. See Fed. Ins. Co. v. Tyco Int’l Ltd., 422 F.Supp.2d 357, 391 (S.D.N.Y.2006) (“When considering a motion to remand, the district court accepts as true all relevant allegations contained in the complaint and construes all factual ambiguities in favor of the plaintiff.”) (cleaned up). I also consider the declarations and materials submitted with each parties’ brief. See Arseneault v. Congoleum, No. 01-CV-10657, 2002 WL 472256, at *6 (S.D.N.Y. Mar. 26, 2002) (courts may look to materials outside of the pleadings when presented with jurisdictional issues such as a motion to remand), reconsideration denied, 2002 WL 531006 (S.D.N.Y. Apr. 8, 2002). The following facts are undisputed except where noted. Plaintiff, an individual, is a New York resident. (ECF No. 1-1 (“Compl.”) 1.) Defendant Talcott Resolution Life Insurance Company is a Connecticut corporation; Talcott is the successor in interest to Hartford Life Insurance Company, which issued a life insurance policy to Plaintiff in 1999. (Id.

2, 5.) Defendant Prudential Insurance Company of America is a New Jersey corporation that is responsible for administering Talcott’s life insurance policies. (Id. 3.) Plaintiff missed a payment on his life insurance policy in June 2019, after which he alleges that Defendants attempted to cancel the policy, failed to act on his application to reinstate the policy, and failed to provide him with a copy of the policy — all in violation of New York law. (Id.

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