SUN LIFE ASSUR. CO. OF CANADA v. BERCK

CIV. No. 09-498-SLR.

719 F.Supp.2d 410 (2010)

SUN LIFE ASSURANCE COMPANY OF CANADA, Plaintiff, v. Jonathan S. BERCK, as Trustee of the Daniel Berman Insurance Trust, Dated April 25, 2007, Defendant.

United States District Court, D. Delaware.

June 29, 2010.


Attorney(s) appearing for the Case

David P. Primack, Esquire of Drinker Biddle & Reath LLP, Wilmington, DE. Counsel for Plaintiff. Of Counsel: Jason P. Gosselin, Esquire and Jonathan D. Pavlovcak, Esquire of Drinker Biddle & Reath LLP, Philadelphia, PA.

John T. Dorsey, Esquire and Michele Sherretta Budicak, Esquire of Young Conaway Stargatt & Taylor, LLP, Wilmington, DE. Counsel for Defendant. Of Counsel: Julius A. Rousseau, III, Esquire , James M. Westerlind, Esquire , and Eric A. Biderman, Esquire of Herrick, Feinstein LLP, New York, NY.


MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

On July 8, 2009, plaintiff Sun Life Assurance Company ("Sun Life" or "plaintiff") filed the present action against defendant Jonathan S. Berck ("Berck" or "defendant"), trustee of the Daniel Berman Insurance Trust (the "Berman Trust"). (D.l. 1) Plaintiff alleges in its amended complaint, filed on September 29, 2009, that defendant, insurance producer Steven Lockwood ("Lockwood...

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