TOTAL ASSET RECOVERY SERVS. LLC v. METLIFE, INC.

115336/10. Appeal No. 12589-12589A. Case No. 2019-3806. 2019-3807.

189 A.D.3d 519 (2020)

139 N.Y.S.3d 3

2020 NY Slip Op 07480

Total Asset Recovery Services LLC, on Behalf of the State of New York, Appellant, v. Metlife, Inc., et al., Respondents, et al., Defendants. State of New York, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2020.


Attorney(s) appearing for the Case

The Ferraro Law Firm, P.A., New York ( James L. Ferraro of counsel), for appellant.

Sidley Austin LLP, New York ( Ellen M. Dunn of counsel) and Sidley Austin, LLP, San Francisco, CA ( Carol Lynn Thompson , of the bar of the State of California, admitted pro hac vice, of counsel), for Metlife, Inc., Metropolitan Life Insurance Company, New York Life Insurance Company and New York Life Insurance and Annuity Corporation, respondents.

Debevoise & Plimpton, LLP, New York ( Maeve L. O'Connor of counsel), for Prudential Financial, Inc., The Prudential Insurance Company of America, Prudential Insurance Agency, LLC, AXA Financial, Inc., AXA Equitable Financial Services, LLC, AXA Equitable Life Insurance Company, The Guardian Life Insurance Company of America, The Guardian Insurance & Annuity Company, Inc., Manufacturers Life Insurance Company, John Hancock Life Insurance Company (U.S.A.), John Hancock Life Insurance Company of New York, John Hancock Life & Health Insurance Company, Massachusetts Mutual Life Insurance Company, Teachers Insurance and Annuity Association of America and TIAA-CREF Life Insurance Company, respondents.

Dentons US LLP, New York ( Stephen G. Della Fera of counsel), for Genworth Financial, Inc., and Genworth Life Insurance Company of New York, respondents.

[Prior Case History: 2019 NY Slip Op 30841(U).]

Concur—Friedman, J.P., Kapnick, Webber, Singh, JJ.


Abandoned Property Law article VII requires the proceeds of life insurance policies that have been unclaimed for three years to be escheated to the State. A prior version of this statute was previously held to be constitutional in Connecticut Mut. Life Ins. Co. v Moore (187 Misc. 1004 [Sup Ct, NY County 1946], affd 271 App Div 1002 [1st Dept 1947], mod 297 N.Y. 1 [1947], affd 333 U.S. 541 [1948]). At each level of...

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