Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Holand v. Guardian Life Ins. Co. of Am.

No Special Relationship Via Friendship Between Parties, Motion to Dismiss Granted in Part

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 001) 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 were read on this motion to/for              DISMISSAL. DECISION ORDER ON MOTION In this action, plaintiffs Candida Holand, Lee Ann Burke, and Tracy Scaplen, as Trustees of the Paul Holand 2011 Irrevocable Trust, allege that defendants The Guardian Life Insurance Company of America, Henry Schneider, and Forest Hills Financial Group, LLC improperly convinced them to change Paul Holand’s life insurance policy through Northwestern Mutual Life Insurance Company to a policy with The Guardian Life Insurance Company of America. Defendants move to dismiss the action in its entirety with prejudice on the grounds that it fails to state a claim upon which relief can be granted under CPLR 3211(a)(7) and/or is refuted by documentary evidence under CPLR 3211(a)(1). For the reasons below, the court grants the prong of defendants’ motion to dismiss the first, second, third, fourth, and fifth causes of action but denies the branch of the motion seeking to dismiss the sixth cause of action. Defendant Forest Hills Financial Group LLC (“Forest Hills”) is an independent wealth and risk management firm and agent of defendant Guardian Life Insurance Company of America (“Guardian”) (NYSCEF Doc. No. 1, complaint,

17-18). Defendant Henry Schneider (“Schneider”) is an agent, vice president, and financial advisor of Forest Hills and a financial representative of Guardian (id. 18). On May 17, 2011, Paul Holand created a trust, transferred various life insurance policies to the trust, and authorized plaintiffs “to own or acquire life insurance for the life of Paul Holand as part of the principal of the trust” (NYSCEF Doc. No. 1,

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Attorney - Insurance Defense

Downtown property and casualty defense law firm seeks litigation associate with 2+ years' experience in insurance defense litigation. The fi...


Apply Now ›
Labor & Employment Counsel - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
Go to Lawjobs