John Hancock Life Ins. v. Solomon Baum

357 F. Supp. 3d 209
CourtDistrict Court, E.D. New York
DecidedNovember 26, 2018
Docket16-cv-7071 (NG) (JO)
StatusPublished
Cited by2 cases

This text of 357 F. Supp. 3d 209 (John Hancock Life Ins. v. Solomon Baum) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Hancock Life Ins. v. Solomon Baum, 357 F. Supp. 3d 209 (E.D.N.Y. 2018).

Opinion

GERSHON, United States District Judge:

This interpleader action involves competing claims for the $20 million death benefit of a life insurance policy (the "Policy") issued by plaintiff John Hancock Life Insurance Company ("John Hancock") on the life of Solomon Baum.1 Current interpleader defendants are the Baum family trust (the "Trust"); Cheski Baum-son of Solomon Baum-in his personal capacity, as current Trustee of the Trust, and as executor of Solomon Baum's estate; and Wells Fargo Bank, N.A. ("Wells Fargo"). Abraham Hoschander, former Trustee of the Trust, was dismissed as a defendant following his resignation as Trustee. Dkt.

*212No. 49. John Hancock, following its deposit of the death benefits with the Clerk of Court, was also dismissed. Id.

On July 5, 2017, John Hancock filed an Amended Interpleader Complaint in light of Mr. Hoschander's resignation. Wells Fargo's Answer to the Amended Interpleader Complaint included two alternative claims for declaratory relief. The first seeks a declaration for distribution of all Policy proceeds to Wells Fargo on the ground that the Trust sold the Policy to Wells Fargo in 2010. In the event it is not awarded the Policy proceeds, the second claim seeks distribution to Wells Fargo on unjust enrichment grounds.

Wells Fargo and Cheski Baum, in each of his capacities, now each move for summary judgment pursuant to Fed. R. Civ. P. 56. Cheski Baum's motion challenges the Policy's purported sale in 2010. He argues that good title to the Policy did not pass from the Trust to Wells Fargo because the signature of Mr. Hoschander, the Trustee at the time of sale, was forged on sale documents.2 In opposition to Cheski Baum's motion, Wells Fargo asserts that, even if Mr. Hoschander's signature were falsified, Cheski Baum cannot establish forgery because he was complicit in the Policy's sale and any falsification of signatures was without an intent to defraud.

In its motion, Wells Fargo argues that I need not decide whether Cheski Baum was complicit in the Policy's sale because Wells Fargo is entitled to the Policy proceeds on numerous equitable grounds-among them, ratification and laches. I conclude that it is unnecessary to determine whether Mr. Hoschander's purported signature on the sale documents amounts to a forgery or to determine Cheski Baum's role, if any, in the Policy's sale because the undisputed facts establish that ratification and laches entitle Wells Fargo to the Policy's death benefits. I thus grant Wells Fargo's motion for summary judgment and deny Cheski Baum's motion.

I. Facts

The undisputed facts relevant to ratification and laches are described below. Other facts, including non-material disputes that do not pertain to these equitable doctrines, are described as necessary for clarity.

A. Obtaining the Policy: The Plan

The Policy was solicited for the Baum family by Nathan Berger, a relative of the Baum family and employee of Signature Capital. Signature Capital was established by Herman Segal for the purpose of writing insurance policies. Deposition of Herman Segal ("Segal Dep.") at 21:3-5. Its business model involved writing life insurance policies on elderly people with their agreement and participation, enlisting investors or financing entities to pay premiums, and selling the policies after two years. Id. at 24:4-25:4. Families of the insured understood that they would not have to pay any money in premiums, id. at 102:18-21, and that they would "get some money in two or three years when the policy was sold, or if it was kept until maturity." Id. at 88:23-89:3.

Signature Capital executed its business model though a number of standardized practices. According to Mr. Segal, first, a trust was formed to own the policy, with an insured's family member designated as the trust's beneficiary. Id. at 52:4-18. Second, Mr. Segal and Mr. Berger understood *213that an insurer, such as John Hancock, would not issue policies to applicants who disclosed an intent to secure premium financing. Id. at 59:23-63:3. As a result, Mr. Segal and Mr. Berger shared an "unwritten code" not to disclose on the insurance application that premium financing would be obtained from outside sources. Id. at 62:4-7. Third, Signature Capital obtained an agreement from the insured and/or his family permitting the Policy to be sold after the end of a two-year contestability period included in the Policy. Id. at 248:21-249:10. Pursuant to this agreement, families would receive either 5% of the face value of the policy or 10% of the net profits upon the sale or maturation of the policy. Id. at 229:25-232:13; 249:11-250:4. There was no formal, written agreement codifying this arrangement; rather, the agreements were "a handshake type of thing," and very few insureds asked for a written agreement since they were not obligated to finance any part of the arrangement. Id. at 53:7-54:10. In the end, "everyone would walk away happy." Id. at 24:18-21.

With respect to premium payments, Mr. Segal testified that Signature Capital's practice was for initial premium payments to be made from the commissions it received from the insurer for placement of the Policy. Id. at 71:22-73:4. The process worked as follows: Signature Capital or its agent would send the commissioned funds to the insured or his family member. The family would give the money to the trust that owned the policy, and the trust would make the premium payment from its own account to the insurance company. Id. at 77:5-78:20. Later-secured outside financing then reimbursed Signature Capital for the initial premiums and paid the remaining premiums on the Policy. Id. at 99:7-100:3.

The parties dispute whether the Baum family, and in particular Cheski Baum, understood that Signature Capital's standard practices applied to the purchase of the Policy. Cheski Baum contends that, though Mr. Segal and Mr. Berger may have had an internal understanding of Signature Capital's business model-including forming a trust to own a policy; securing outside financing; and ultimately selling the policy without the insured or his family ever having to pay premiums-such an understanding was never shared with him. Further discussion of this dispute, however, is unnecessary because it is immaterial to Wells Fargo's equitable arguments, which form the basis of its claim to the Policy's death benefit.

B. Policy Application

On December 14, 2007, Solomon Baum and Abraham Hoschander executed the Solomon Baum Irrevocable Family Life Insurance Trust Agreement establishing the Trust. Mr. Hoschander was appointed Trustee of the Trust, and Cheski Baum was named sole beneficiary of the Trust. On December 20, 2007, a formal application for life insurance was submitted to John Hancock listing Solomon Baum as the proposed insured and the Trust as owner and beneficiary of the Policy. Ex. M to Sawicki Decl. ("Policy App.").

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
357 F. Supp. 3d 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-hancock-life-ins-v-solomon-baum-nyed-2018.