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SUN LIFE ASSUR. CO. OF CANADA v. BERCK

Civ. No. 09-498-SLR.

770 F.Supp.2d 728 (2011)

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

United States District Court, D. Delaware.

March 16, 2011.

Attorney(s) appearing for the Case

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

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

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"), trustee of the Daniel Berman Insurance Trust (the "Berman Trust"). (D.I. 1) Plaintiff alleges in its second amended complaint, filed on June 12, 2010, that defendants Steven Lockwood ("Lockwood"), and Daniel Berman ("Berman")...

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