EFG Bank AG v. AXA Equitable Life Ins. Co.

309 F. Supp. 3d 89
CourtDistrict Court, S.D. Illinois
DecidedFebruary 14, 2018
Docket17–CV–4767 (JMF); 17–CV–4803 (JMF)
StatusPublished
Cited by43 cases

This text of 309 F. Supp. 3d 89 (EFG Bank AG v. AXA Equitable Life Ins. Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
EFG Bank AG v. AXA Equitable Life Ins. Co., 309 F. Supp. 3d 89 (S.D. Ill. 2018).

Opinion

JESSE M. FURMAN, United States District Judge

In these related cases, the owners and beneficiaries of flexible-premium universal life insurance policies bring claims against the issuer of those policies, Defendant AXA Equitable Life Insurance Company ("AXA"). The Court described the policies at issue in Brach Family Found., Inc. v. AXA Equitable Life Ins. Co. , 16-CV-740 (JMF), 2016 WL 7351675 (S.D.N.Y. Dec. 19, 2016), a related case, and will not repeat the description here. For now, it suffices to say two things. First, each of the policies-which are known as Athena Universal Life II ("AUL II") policies-"consists of two distinct components: (1) the life insurance component, for which the insurance company charges a cost to cover the risk of the insured's death (the cost of insurance); and (2) a savings component, where premiums paid in excess of the cost of insurance (and certain other policy charges) accumulate and earn interest at a rate that will not be lower than a guaranteed minimum crediting rate." (EFG Docket No. 64 ("EFG SAC"), ¶ 5). Second, under the terms of the policies, AXA is permitted, subject to certain restrictions, to change the cost of insurance ("COI")-which is typically the largest expense that a policyholder has to pay. (EFG SAC ¶¶ 33, 35; Duffy Docket No. 19 ("Duffy FAC") ¶¶ 25, 27). The policies, however, provide that any such changes "will be on *92a basis that is equitable to all policyholders of a given class, and will be determined based on reasonable assumptions as to expenses, mortality, policy and contract claims, taxes, investment income, and lapses." (EFG Docket No. 62 Ex. 2 ("EFG Doe Policy"), at 11).

Plaintiffs in these cases allege that, by increasing the COI for a group of life insurance policyholders (namely, holders of policies that: (1) insure individuals who were seventy years or older at the time of issue; and (2) have face values of $1,000,000 or greater), AXA breached their contracts. (EFG SAC ¶¶ 4, 73-77; Duffy FAC ¶¶ 1-2, 64-68). In addition, they bring claims, sounding in both contract and tort, for breach of the implied covenant of good faith and fair dealing. (EFG SAC ¶¶ 78-91; Duffy FAC ¶¶ 69-75). They seek compensatory damages and, with respect to the tort good-faith-and-fair-dealing claims, punitive damages. (EFG SAC ¶¶ 4, 16, 84; Duffy FAC ¶¶ 1, 12, 75). They also seek declaratory relief. (EFG SAC ¶¶ 92-95; Duffy FAC ¶¶ 76-79). AXA now moves, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, for partial dismissal. (EFG Docket No. 75; Duffy Docket No. 64; see also EFG Docket No. 76 ("AXA Mem.") ). In particular, AXA moves to dismiss Plaintiffs' good-faith-and-fair-dealing claims as well as their requests for punitive damages and declaratory relief. AXA does not seek to dismiss Plaintiffs' express breach-of-contract claim. (AXA Mem. 5, 18, 19-20). For the reasons that follow, AXA's partial motion to dismiss is GRANTED.

DISCUSSION

When reviewing a motion to dismiss, the Court "must accept[ ] all factual allegations in the complaint and draw[ ] all reasonable inferences in the plaintiff's favor." ATSI Commc'ns, Inc. v. Shaar Fund, Ltd. , 493 F.3d 87, 98 (2d Cir. 2007) (alterations in original). The Court will not dismiss any claims pursuant to Rule 12(b)(6) unless the plaintiff has failed to plead sufficient facts to state a claim to relief that is facially plausible, see Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), that is, one that contains "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged," Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). More specifically, a plaintiff must allege facts showing "more than a sheer possibility that a defendant has acted unlawfully." Id. A complaint that offers only "labels and conclusions" or "a formulaic recitation of the elements of a cause of action will not do." Twombly , 550 U.S. at 555, 127 S.Ct. 1955. Further, if a plaintiff has not "nudged [its] claims across the line from conceivable to plausible, [those claims] must be dismissed." Id. at 570, 127 S.Ct. 1955.

As noted, AXA moves to dismiss Plaintiffs' claims for breach of the implied covenant of good faith and fair dealing, their requests for punitive damages, and their prayers for declaratory relief. The Court will begin with the implied covenant claims.

A. Implied Covenant Claims

Plaintiffs allege that AXA violated the implied covenant of good faith and fair dealing by raising and charging excessive COI rates absent sufficient justification, information disclosure, or basis; and in a manner that improperly targeted Plaintiffs, boosted profits, and forced Plaintiffs to choose between paying premiums "that AXA kn[ew] would no longer justify the ultimate death benefits" and giving up their policies. (EFG SAC ¶ 81(g); Duffy FAC ¶ 72(g) ). More precisely, they bring *93two species of implied covenant claims. First, they bring claims for contractual breach of the implied covenant with respect to the policies issued in nine states, including California. (EFG SAC ¶¶ 31, 78-84; see also EFG Docket No. 78 ("Pls.' Mem."), at 6 n.4 (withdrawing implied covenant claims alleged with respect to Alabama and Georgia policies) ). Second, they allege tortious

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Bluebook (online)
309 F. Supp. 3d 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/efg-bank-ag-v-axa-equitable-life-ins-co-ilsd-2018.