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Life Health > Life Insurance > Permanent Life Insurance

Guardian, Advisors Say Unhappy Life Buyers Should Have Read the Policies

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A life insurer and financial advisors are rejecting the argument that they owed a fiduciary duty to two cash-value life insurance policy buyers in New York state.

The policy owners, Andrew Mukamal, a stylist, and Leona Walton, a model who uses the stage name Binx, sued Guardian Life, John Hancock, two advisors and the advisors’ firms over policy purchases in a state court in New York City in November 2023. Mukamal and Walton argued that the policies were unsuitable.

Guardian asserts in a memorandum that it had no special relationship with Mukamal or Walton and that Mukamal and Walton should have canceled the policies earlier if the policies were unsuitable.

Lawyers for the advisors, John Kenyon Lang and Michael Blackwell, and the advisors’ firms make similar arguments in a separate pleading.

Representatives for Guardian, John Hancock, Mukamal and Walton declined to comment. Lawyers for the advisors and the advisors’ firms did not respond to a request for comment.

The policies: Walton was single, childless and 23 in 2020. Mukamal, her friend, was single, childless and 33.

Walton bought six life policies, with $87,506 in annual premium payments, through the advisors in 2020 and 2021.

Walton referred Mukamal to her advisors. He bought four policies with $188,067 in annual premium payments in 2020 and 2021.

Walton said the cost of the policies conflicted with her need to retire from modeling and start a business.

Mukamal said the cost of his policies was much too high for his income level.

Guardian’s pleading: Guardian contends that the plaintiffs’ only significant claim against it is that it might be responsible for the wrongdoing of its agents.

New York state does not recognize stand-alone claims for employer responsibility for agents, according to Guardian.

The advisors’ pleading: Attorneys for the advisors maintain that Mukamal and Walton have a case of buyers’ remorse.

“Plaintiffs now argue that they did not need, and could not afford, the life insurance policies,” according to the advisors’ pleading. “Yet, a year after they purchased the aforementioned life insurance policies, plaintiffs purchased additional life insurance policies, which plaintiffs also argue that they did not need and could not afford.”

Under New York state law, Mukamal and Walton had a duty to read their life insurance policies and surrender them if they were displeased within 30 days of getting the policies, the lawyers add.

Credit: Adobe Stock


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