Insured says company never asked them who was to be notified if the policy was going to lapse due to nonpayment of premium.
The Case
- Case Name: Michelle L. Moriarty v. American General Life Insurance Company
- Court and Case Number: United States District Court, Southern District of California / 3:17-cv-1709-JO-VET
- Date of Verdict or Judgment: Tuesday, January 13, 2026
- Date Action was Filed: Wednesday, August 23, 2017
- Type of Case: Review, Insurance – Bad Faith, Claims Handling
- Judge or Arbitrator(s): Hon. Jinsook Ohta
- Plaintiffs:
Michelle L. Moriarty
- Defendants:
American General Life Insurance Company
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,000,000 (policy limits) + prejudgment interest
The Attorneys
- Attorney for the Plaintiff:
Singleton Schreiber by Michelle Meyers, San Diego.
Winters & Associates by Sarah Ball, La Mesa.
- Attorney for the Defendant:
Maynard Nexsen by Michael Mulvaney, Birmingham, AL.
Facts and Background
- Facts and Background: Heron D. Moriarty purchased a $1 million life insurance policy in 2012 to protect his family. The policy lapsed due to a missed payment in March 2016, while Mr. Moriarty was incapacitated. Despite the requirements under California law, American General failed to notify him of his right to designate a third party to receive notice of the missed payment. Mr. Moriarty died in May 2016, and when his wife filed for benefits, the insurer denied the claim, citing the policy's lapse.
- Plaintiff's Contentions: The plaintiff alleged that American General Life Insurance Company violated California Insurance Code sections 10113.71 and 10113.72 by failing to provide proper notice of the missed premium and by wrongfully terminating the life insurance policy.
- Defendant's Contentions: The defendant, American General Life Insurance Company, and AIG company, claimed the policy had lapsed due to the missed payment and argued that it was not required to provide additional notices.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff: The loss of coverage affected the plaintiff's family, causing financial and emotional harm. The jury ultimately awarded the full policy amount ($1 million) plus prejudgment interest.
Disclaimer
This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.
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