Minn. Stat. § 72C.06

Graff v. Brighthouse Life Insurance Company · 2023 24 citations

Plaintiff Daniel Graff filed this case against Defendant Brighthouse Life Insurance Company (“Brighthouse”) in state court in Chisago County, alleging that the flexible premium adjustable life insurance policy Brighthouse issued him fails to use language that is easily readable and understandable to a person of average intelligence in violation of Minn. Stat. § 72C.06 and the implied covenant of good faith and fair dealing in every contract. He also asserts an unjust-enrichment claim based on the allegation that the premium payments he would potentially be required to make under the policy through its maturity date would be unjust. Plaintiff seeks several forms of declaratory relief. Brighthouse removed the case to federal court on diversity grounds and now seeks dismissal of the Complaint for failure to state a claim. [Doc. No. 10.] The Court held a hearing on Brighthouse’s motion on July 25, 2023. [Doc. No. 25.] For the reasons that follow, the motion to dismiss is granted. I. Background A. Mr. Graff’s Allegations In November 2004, an agent for The Travelers Life and Annuity Company

Plaintiff Daniel Graff filed this case against Defendant Brighthouse Life Insurance Company (“Brighthouse”) in state court in Chisago County, alleging that the flexible premium adjustable life insurance policy Brighthouse issued him fails to use language that is easily readable and understandable to a person of average intelligence in violation of Minn. Stat. § 72C.06 and the implied covenant of good faith and fair dealing in every contract. He also asserts an unjust-enrichment claim based on the allegation that the premium payments he would potentially be required to make under the policy through its maturity date would be unjust. Plaintiff seeks several forms of declaratory relief. Brighthouse removed the case to federal court on diversity grounds and now seeks dismissal of the Complaint for failure to state a claim. [Doc. No. 10.] The Court held a hearing on Brighthouse’s motion on July 25, 2023. [Doc. No. 25.] For the reasons that follow, the motion to dismiss is granted. I. Background A. Mr. Graff’s Allegations In November 2004, an agent for The Travelers Life and Annuity Company

Plaintiff Daniel Graff filed this case against Defendant Brighthouse Life Insurance Company (“Brighthouse”) in state court in Chisago County, alleging that the flexible premium adjustable life insurance policy Brighthouse issued him fails to use language that is easily readable and understandable to a person of average intelligence in violation of Minn. Stat. § 72C.06 and the implied covenant of good faith and fair dealing in every contract. He also asserts an unjust-enrichment claim based on the allegation that the premium payments he would potentially be required to make under the policy through its maturity date would be unjust. Plaintiff seeks several forms of declaratory relief. Brighthouse removed the case to federal court on diversity grounds and now seeks dismissal of the Complaint for failure to state a claim. [Doc. No. 10.] The Court held a hearing on Brighthouse’s motion on July 25, 2023. [Doc. No. 25.] For the reasons that follow, the motion to dismiss is granted. I. Background A. Mr. Graff’s Allegations In November 2004, an agent for The Travelers Life and Annuity Company

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