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GERONTA FUNDING v. BRIGHTHOUSE LIFE INSURANCE COMPANY

No. 380, 2021.

284 A.3d 47 (2022)

GERONTA FUNDING, a Delaware Statutory Trust, Defendant Below, Appellant, v. BRIGHTHOUSE LIFE INSURANCE COMPANY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 25, 2022.

Attorney(s) appearing for the Case

Andrew S. Dupre, Esquire (argued), Steven P. Wood, Esquire , Travis J. Ferguson, Esquire , MCCARTER & ENGLISH, LLP, Wilmington, Delaware; for Appellant Geronta Funding.

Gregory F. Fischer, Esquire , COZEN O'CONNOR, Wilmington, Delaware; Joseph M. Kelleher, Esquire (argued), Brian D. Burack, Esquire , COZEN O'CONNOR, Philadelphia, Pennsylvania; for Appellee Brighthouse Life Insurance Company.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting the Court en banc.

This appeal requires the Court to determine whether premiums paid on insurance policies declared void ab initio for lack of an insurable interest should be returned. Geronta Funding ("Geronta" or "Appellee") argues that Delaware law requires the automatic return of all premiums paid on the void policy. Brighthouse...

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