Dones v. Life Ins. Co. of N. Am.
Decision Date | 07 October 2020 |
Docket Number | A157662 |
Citation | 269 Cal.Rptr.3d 626,55 Cal.App.5th 665 |
Court | California Court of Appeals |
Parties | Michael A. DONES, Plaintiff and Appellant, v. LIFE INSURANCE COMPANY OF NORTH AMERICA et al., Defendants and Respondents. |
Turner Friedman Morris & Cohan, Jonathan M. Deer, Beverly Hills, Blakeman Law, Benjamin Blakeman, Los Angeles, for Appellant.
Moscone Emblidge & Reubens, G. Scott Emblidge, Erin H. Reding, San Francisco, Meserve Mumper & Hughes, Nicole Y. Blohm, Charles K. Chineduh, Los Angeles, for Respondent.
While employed by the County of Alameda(County) and on a medical leave of absence, Trina Johnson enrolled online in supplemental life insurance coverage under a group insurance policy insured by the Life Insurance Company of North America (LINA).She remained on leave on the policy's effective date and died six months later, without having returned to work.When her beneficiary claimed benefits, LINA denied coverage based on a policy provision stating the insurance would not become effective if the employee was not in "active service" on the effective date.
Johnson's beneficiary sued both LINA and the County for breach of contract arguing that both waived or were estopped from asserting the active service precondition to coverage.The trial court sustained demurrers without leave to amend and entered judgment in favor of LINA and the County.
As we will explain, we agree with appellantMichael Dones that the trial court erred in sustaining respondent LINA's demurrer without leave to amend.As to the respondent County, we find no error.We will therefore affirm the judgment as to the County but reverse the judgment as to LINA and remand for further proceedings.
Trina Johnson was an employee of the Alameda County Sheriff's Department.In 2014, LINA issued a group life insurance policy to the Trustee of the Group Insurance Trust for Employers in the Public Administration Industry for the benefit of the County of Alameda acting on behalf of its employees.This master policy provided a basic life insurance benefit to each eligible employee, including Johnson.The second amended complaint alleged that copies of the master policy were not distributed to employees, and that employees who enrolled for the benefit were supposed to be given certificates of insurance describing the terms of coverage but it was not known whether such certificates were distributed.1
The master policy states:
The master policy defines "Active Service" as follows:
On April 1, 2016, the master policy was amended to increase the amount of coverage available to employees including Johnson, and she elected to obtain coverage in the maximum amount, $20,000.Again, it was alleged to be unknown whether Johnson received a certificate of insurance.
In October 2016, while on a medical leave of absence, Johnson received an announcement of benefit changes for the 2017 calendar year for which she was eligible, including voluntary supplemental life insurance.The announcement stated, The announcement did not contain a definition of "active service," nor did any other document provided to Johnson.The announcement stated, however, The distributed announcement noted, "If you have any questions, you may call the Employee Benefits Centerat 891-8991, or visit us, Monday thru Friday from 8:00 am to 5:00 pm for one-on-one assistance."
Johnson made her benefits elections online, selecting $230,000 supplemental coverage.The named primary beneficiary was Dones, who was then Johnson's domestic partner and later her husband.The second amended complaint alleges that the online enrollment form contained a section entitled "Active Service – Employee" but did not provide a complete description of the terms of the insurance policy.
A copy of the online enrollment form (exhibit B to the second amended complaint), shows bolded text in the "Supplemental Life–Employee"section stating, The "eBenefits Information Sheet" included in exhibit B includes the following:
On October 24, 2016, Johnson was diagnosed with lung cancer.
On November 1, 2016, Johnson received a list of her 2017 benefit elections from the County Employee Benefits Center confirming her enrollment for the supplemental life insurance and stating the coverage would become effective on January 1, 2017.Johnson's daughter was listed as the beneficiary for the basic life insurance benefit and Dones was listed as the beneficiary for the supplemental life insurance.
On or about December 29, 2016, Johnson received a "Confirmation of Benefit Elections" including the supplemental life insurance.2The confirmation stated, The confirmation was accurate and Johnson did not notify the County of any changes.
Beginning on January 1, 2017, the County deducted premiums for Johnson's benefits, including the supplemental life insurance, from her paycheck.The supplemental life insurance premiums were sent to and accepted by LINA.At the end of February 2017, Johnson's paycheck was insufficient to cover the premiums for her benefits and she paid out of pocket for those premiums, including the supplemental life insurance.
The second amended complaint alleged that it was "unknown" whether the package of documents provided to Johnson when she enrolled in the supplemental life insurance benefit included the policy provision stating, "If an eligible Employee is not in Active Service on the date insurance would otherwise be effective, it will be effective on the date he or she returns to Active Service."Earlier versions of the complaint had alleged the package provided to Johnson did contain this policy provision;3 the second amended complaint alleged, "after further review of documents, that allegation appears to be unfounded."Johnson was not sent a copy of the insurance policy or an individual certificate setting forth the terms of the insurance coverage (seeIns. Code, § 10209 ).The second amended complaint alleged that Johnson and Dones believed the supplemental life insurance coverage would become effective on January 1, 2017, and neither understood the provision delaying the effective date.
The second amended complaint alleged that unknown to Johnson or Dones, if an employee who elected the...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 7-day Trial
-
Jihan, Inc. v. Amco Ins. Co.
... ... system for the Car Wash required replacement because of deferred maintenance, obsolescence and because the system had exceeded its useful life. (Fact 189, 190; Lutz Decl 7, ECF No. 19-7.) On July 30, 2019, Amco, via a letter from Boles, issued a coverage denial for the Vandalism Loss ... may not use such doctrines to "obtain coverage under existing insurance policies for claims not covered by the terms of their policies." Dones v. Life Ins. Co. of N. Am. , 55 Cal. App. 5th 665, 678, 269 Cal.Rptr.3d 626 (2020). 9 Plaintiffs object to the evidence of Dik's statements on ... ...
-
Cnty. of Santa Clara v. Superior Court of Santa Clara Cnty.
... ... Supervisors or officers acting under its authority or of law or of this Charter."] 2 ; see Dones v. Life Insurance Company of North America (2020) 55 Cal.App.5th 665, 693, 269 Cal.Rptr.3d 626 ... ...
-
Rolled Alloys, Inc. v. Walls
... ... Restatement (Second) of ... Agency § 4 (Am. L. Inst. 1958); see Dones v. Life ... Ins. Co. of North America , 55 Cal.App. 5th 665, 690 ... (2020) (explaining ... ...
-
Fraser v. Mint Mobile, LLC
... ... express contracts. Dones v. Life Ins. Co. of N. Am. , ... 55 Cal.App. 5th 665, 691 (2020); Yari v. Producers Guild ... ...
-
Intellectual property
...(1961). “The existence and terms of an implied contract are manifested by conduct. ( Civ. Code, §1621.)” Dones v. Life Ins. Co. of Am. 55 Cal.App.5th 665, 691 (2020). §6:40 REMEDIES Compensatory Damages (although there is no specific statute providing for damages, see generally Cal. Civ. Co......