New Orleans attorney and family sues insurance company over allegedly not paying on father's life insurance policy

NEW ORLEANS – A family is suing a major corporation over coverage in regards to a life insurance policy.

Kupperman Grandchildren Trust, through its trustees, Stephen H. Kupperman and Jeffrey Kupperman MD filed suit against Phoenix Life Insurance Company, et al in the Orleans Parish Civil District Court on Sept. 26.

On Aug. 8, 1988, Phoenix Life Insurance Company distributed to the Trust a life insurance policy on the life of Abraham B. Kupperman. In addition, the petitioners allegedly never received a copy of the policy. The Friedler Group LLC, in association with Phoenix, was purportedly responsible for selling the policy to the Trust. Friedler notified Abraham B. Kupperman and the plaintiffs that the policy would terminate without payment to the death subsidy if Abraham reached age 90, the suit says.

However, Friedler allegedly guaranteed to the trust and Abraham that if premiums were largely enhanced, the policy would continue coverage up to age 95, and if Abraham was still alive, Phoenix would entirely pay for the death benefit. In 2014, Abraham reached age 95, however, Phoenix allegedly refused to pay the sum of the death subsidy, directly contradicting statements made prior by Friedler. The plaintiffs contend Phoenix has misrepresented the terms of the agreed upon policy.

Additionally, the defendants allegedly benefited off the plaintiffs through collecting enlarged premiums through certain language in the policy.

The plaintiffs are seeking upwards of $250,000, the full price of the policy, for breach of contract, harmful misrepresentation and unfair enrichment.

The petitioners are represented by Stephen H. Kupperman and Laurence D. LeSueur of Barrasso Usdin Kupperman Freeman & Sarver LLC.

The case has been assigned to Div. I Judge Piper D. Griffin.

Case no. 2014-9466.