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She died on or about December 19, 2006.įeingold first became aware that Hancock owed his mother a different type of payment as a policyholder of a mutual insurance company in late 2010, when he visited an Illinois Treasury website, called “Cash Dash,” listing unclaimed property. Feingold did not know that his mother had purchased this policy, which named only his late father as a beneficiary. In approximately 1945, Feingold's mother, Mollie Feingold, purchased a life insurance policy from Hancock. We recite the facts as alleged in Feingold's complaint and also consider documents that Feingold has attached to the complaint.
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On appeal, Feingold primarily argues that the agreement Hancock entered with several state governments in June 2011 regarding its handling of unclaimed insurance policy proceeds imposed new obligations on Hancock as to beneficiaries of its insureds under state law. The district court dismissed the complaint for failure to state a claim. Specifically, Hancock is said to have an obligation, stemming from a regulatory agreement between Hancock and several states, to discover such deaths and notify beneficiaries.
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Richard Feingold sued John Hancock Life Insurance Company and John Hancock Life & Health Insurance Company (collectively, “Hancock”) in a putative class action for damages said to arise from Hancock's adherence to contractual terms requiring that Hancock be given notice of the death of its insureds before death benefits are paid out to beneficiaries. MacDonald, and Sloane and Walsh LLP were on brief, for appellees. Gittes, Debevoise & Plimpton LLP, Myles W. Lang, and Anderson + Wanca were on brief, for appellant.
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Decided: May 27, 2014īefore LYNCH, Chief Judge, SELYA and KAYATTA, Circuit Judges. JOHN HANCOCK LIFE INSURANCE COMPANY (USA) John Hancock Life & Health Insurance Company, Defendants, Appellees. Richard FEINGOLD, individually and as a representative of a class of similarly situated persons, Plaintiff, Appellant, v. United States Court of Appeals,First Circuit.
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