Ianello v. American General

  • 2016 - LC - Ianello v. American General
  • Case 3:16-cv-01867
  • UNITED STATES DISTRICT COURT - MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
  • 2017 - LC - Deposition of Paul Iannello v American General Deposition - 26p
  • 2017 - LC - Memorandum Of Law In Support Of American General Life Insurance Company’s Motion For Summary Judgment - Document 33-7 Filed 09/28/17 - 13p
  • Mr. Iannello could not have reasonably relied on any allegedly false statement by American General so he cannot base his claim for rescission on fraud or misrepresentation as a matter of law. (p7of13)
  • 5 Mr. Iannello could not have reasonably relied on any statements by Ms. Shannon to the extent that they contracted the terms of the Policy.
    • On the application he agreed: that no agent of [American General] . . . has authority to waive any answer or otherwise modify this application or bind [American General] in any way by making any promise or representation which is not set out in writing in this application. (Statement of Facts at ¶ 15).  (p9of13)

2017 - Legal Case - Ianello v American General Life

  • Memorandum Of Law In Support Of American General Life Insurance Company’s Motion For Summary Judgment
  • Case 3:16-cv-01867 Document 33-7 Filed 09/28/17 
  • See Watkins v. HRRW, LLC, 2006 WL 3327659, at *8
    (“Tennessee courts, however, have rejected breach of fiduciary duty claims against insurance agents in various factual circumstances.”);
  • see also Weiss v. State Farm Fire & Cas. Co., 107 S.W.3d 503 (Tenn. Ct. App. 2001) (finding that an insurance agent had no duty to explain plaintiff’s coverage or make sure she understood her policy). (p8 of 13)

2017 - Legal Case - Ianello v American General Life

  • Memorandum Of Law In Support Of American General Life Insurance Company’s Motion For Summary Judgment
  • Case 3:16-cv-01867 Document 33-7 Filed 09/28/17 

Plaintiff Paul Iannello applied for a life insurance policy, paid a premium for a life insurance policy, and received a life insurance policy from American General.

  • His current effort to call this life insurance policy an “investment” is an unfounded attempt to justify his claim for rescission that has no basis in the undisputed factual record.
  • American General fully disclosed that the Policy was, in fact, a life insurance policy.
  • Mr. Iannello even signed multiple documents representing that he wanted to buy a life insurance policy.
  • He cannot now complain that he received exactly what American General disclosed.  (1 of 13

2017 - Legal Case - Ianello v American General Life

  • Memorandum Of Law In Support Of American General Life Insurance Company’s Motion For Summary Judgment
  • Case 3:16-cv-01867 Document 33-7 Filed 09/28/17 
  • American General, therefore, did not conceal the terms of the Policy from Mr. Iannello, and it disclosed exactly what Mr. Iannello was purchasing in the documents Mr. Iannello received and signed.
  • Every issue Mr. Iannello contends was concealed from him regarding the Policy was readily available for his review.  (p8 of 13)

2017 - Legal Case - Ianello v American General Life

  • Memorandum Of Law In Support Of American General Life Insurance Company’s Motion For Summary Judgment
  • Case 3:16-cv-01867 Document 33-7 Filed 09/28/17