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12-6397 - Lebovits v. PHL Variable Insurance Company


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12-6397 - Lebovits v. PHL Variable Insurance Company
March 28, 2014
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MEMORANDUM AND ORDER: The Court holds that the Trusts action for a declaratory judgment that the policy remains in full force and effect is not an action to recover on the policy and, therefore, not subject to ยง 3211(d). Accordingly, PHLs motion 24 for judgment on the pleadings is denied. See attached memorandum and order for details. Ordered by Judge Frederic Block on 3/28/2014. (Innelli, Michael)
August 9, 2016
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MEMORANDUM & ORDER: Lebovitss motion 55 for summary judgment is granted. The parties shall make a good-faith effort to negotiate the premium required to bring the Policy up to date. Within thirty days of this memorandum and order, they shall inform the Court of the amount, failing which the Court will schedule an evidentiary hearing to determine it. Entry of judgment declaring the Policy in full force in effect will be held in abeyance pending resolution of that issue. Ordered by Judge Frederic Block on 8/9/2016. (Innelli, Michael)
January 13, 2017
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MEMORANDUM AND ORDER: The insured did not comply, representing that it could not pay without some assurance that the funds are not at risk. Letter from Ira. S. Lipsius (Dec. 23, 2016). The Court has already given that assurance. Accordingly, the case is dismissed with prejudice. Ordered by Judge Frederic Block on 1/13/2017. (Innelli, Michael)
November 2, 2017
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MEMORANDUM and ORDER: The joint motion 73 to vacate the Courts memorandum and order of August 9, 2016, is denied because the parties have not shown extraordinary circumstances justifying vacatur. See U.S. Bancorp Mortg. Co. v. Bonner Mall Pship, 513 U.S. 18 (1994). Whether vacated or not, the memorandum and order remains only persuasive authority, the opinion of a single district judge. Ordered by Judge Frederic Block on 11/2/2017. (Innelli, Michael)