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KRAMER v. LOCKWOOD PENSION SERVICES, INC.

No. 08 Civ. 2429 (DAB).

653 F.Supp.2d 354 (2009)

Alice KRAMER, as Personal Representative of the Estate of Arthur Kramer, Plaintiff, v. LOCKWOOD PENSION SERVICES, INC., Tall Tree Advisors, Inc., Life Products Clearing, LLC, Transamerica Occidental Life Insurance Co., Lincoln Life & Annuity Co. of New York and Jonathan S. Berck, Defendants. Phoenix Life Insurance Co., Counterclaim Crossclaim and Third-Party Plaintiff, v. Alice Kramer, as Personal Representative of the Estate of Arthur Kramer, Counterclaim Defendant, Lockwood Pension Services, Inc. and Tall Tree Advisors, Inc., Crossclaim Defendants, Steven Lockwood, Third-Party Defendant. Life Product Clearing, LLC, Counterclaim Crossclaim and Third-Party Plaintiff, v. Alice Kramer, as Personal Representative of the Estate of Arthur Kramer, Counterclaim Defendant, Lincoln Life & Annuity Co., Crossclaim Defendant, Liza Kramer and Andrew B. Kramer, Third-Party Defendants. Jonathan S. Berck, Counterclaim Crossclaim and Third-Party Plaintiff, v. Alice Kramer, as Personal Representative of the Estate of Arthur Kramer, Counterclaim Defendant, Lincoln Life & Annuity Co., Crossclaim Defendant, Liza Kramer and Andrew B. Kramer, Third-Party Defendants. Lincoln Life & Annuity Company of New York, Counterclaim Crossclaim and Third-Party Plaintiff, v. Alice Kramer, as Personal Representative of the Estate of Arthur Kramer, Counterclaim Defendant Steven Lockwood, Lockwood Pension Services, Jonathan S. Berck, individually and as Trustee for the Leon Lobel Insurance Trust dated November 15, 2005, Life Product Clearing LLC, Crossclaim Defendants, Joel B. Miller, TD Bank N.A., Third-Party Defendants.

United States District Court, S.D. New York.

September 1, 2009.

Attorney(s) appearing for the Case

Andrew A. Wittenstein, Stuart I. Friedman, Claire L. Chau, Friedman & Wittenstein, P.C., New York, NY, for Plaintiff.

Steven Michael Kaplan, Tab Keith Rosenfeld, Rosenfeld & Kaplan, LLP, Andrea B. Bierstein, Hanly Conroy Bierstein Sheridan Fisher & Hayes, LLP, Christopher George Karagheuzoff, Patrick J. Feeley, Stephen Michael Raab, Dorsey & Whitney LLP, Peter Jakab, Fein & Jakab, Arun Srinivas Subramanian, Rebecca Sol Tinio, Susman Godfrey LLP, New York, NY, Charles J. Vinicombe, Elizabeth L. McLachlan, Stephen C. Baker, Katherine Leigh Villanueva, Drinkler, Biddle & Reath, L.L.P., Philadelphia, PA, Michael J. Miller, The Miller Firm, LLC, Orange, VA, Steven Gerald Sklaver, Neal S. Manne, Ryan Christopher Kirkpatrick, Susman Godfrey L.L.P., Los Angeles, CA, for Defendants.

OPINION

DEBORAH A. BATTS, District Judge.

Plaintiff Alice Kramer, on behalf of the estate of Arthur Kramer, seeks a declaratory judgment that death benefits from insurance policies on the life of her deceased husband, Arthur Kramer, are properly paid to her. Plaintiff alleges that her husband established two insurance trusts following which various insurance policies were issued naming the insurance trusts as the beneficiaries. At the time the trusts...

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