[Download] "Wolinetz v. Berkshire Life Insurance Co." by United States Court of Appeals for the First Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Wolinetz v. Berkshire Life Insurance Co.
• Author : United States Court of Appeals for the First Circuit
• Release Date : January 18, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

In this case, we consider whether the district court correctly entered summary judgment dismissing Harvey Wolinetz's fraud-related claims against Berkshire Life Insurance Company on statute of limitations grounds. Because we conclude that the date on which Wolinetz learned or should have learned of his claims against Berkshire presents a jury question, we vacate and remand for further proceedings. I. Background This case concerns a vanishing premium life insurance policy that Wolinetz purchased from Berkshire. This type of policy provides that the insured pays the insurer a certain number of premiums before the policy becomes self-funding. The policy is marketed on the premise that enough cash value will accumulate over a limited period so that, on a fixed date, future premiums will be paid by the policy's accumulated value rather than by the insured. The speed with which the cash value increases depends on prevailing interest rates and the success of the insurer's investments. High interest rates and successful investments result in the policy becoming self-funding at an earlier date.

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