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Edquist v. Jackson National Life Insurance Co.

United States District Court, D. Massachusetts

July 10, 2015

YANA EDQUIST, Plaintiff,
v.
JACKSON NATIONAL LIFE INSURANCE COMPANY, Defendant.

MEMORANDUM AND ORDER ON PENDING MOTIONS

LEO T. SOROKIN, District Judge.

A number of motions, filed by both parties, are pending before the Court. To begin, both Plaintiff Yana Edquist and Defendant Jackson National Life Insurance Company ("Jackson") have filed motions for summary judgment. For each of these motions, the Court considers the facts in the light most favorable to the nonmoving party and draws all reasonable inferences in that party's favor. Certain facts, however, are not disputed by the parties. Those facts are as follows:

1. 87 Florence Street in Melrose, Massachusetts is a two-family home. Doc. No. 50-1 at 7-8.[1] Edquist has owned the home at all relevant times. Id. at 7. In June, 2013, she lived in the second floor unit known as 87 Florence Street, Apartment 2, Melrose, Massachusetts. Id. at 7-8.
2. Edquist received mail at 87 Florence Street, Melrose, MA 02176 at all relevant times. Id. at 43, 47; Doc. Nos. 50-5, 50-6.
3. On or about June 21, 2013, Edquist met with Brian Dudley, an employee of Sovereign Bank and an agent of Jackson, and arranged to purchase an annuity from Jackson using funds from her retirement accounts. Doc. No. 50-1 at 21-22, 116; Doc. No. 50-5 at 2.
4. On June 24, 2013, Jackson received a transfer towards the annuity from retirement accounts held by Edquist in the amount of $72, 151. Doc. No. 50-5 at 2; Doc. No. 50-1 at 40-41.
5. Jackson's records show that it mailed a copy of the annuity contract to Edquist on June 25, 2013 with a cover letter addressed to her at 87 Florence Street, Melrose, MA 02176-4432. Doc. No. 50-7 at 2; Doc. No. 50-9 at 2-3.
6. Jackson's records also show that it sent the mailing by United Parcel Service ("UPS"). Doc. No. 50-7 at 2; Doc. No. 50-8 at 2; Doc. No. 50-10 at 2-4, 6.
7. UPS records show that UPS picked up the mailing from Jackson's office in Lansing, Michigan and delivered it to 87 Florence Street in Melrose on June 27, 2013 by leaving the mailing at the "Front Door." Doc. No. 50-10 at 2-4, 6.
8. After the first payment of $72, 151 on June 24, 2013, Edquist made an additional payment of $16, 891.05 towards the annuity from her retirement accounts on or about July 22, 2013. Doc. No. 50-3 at 2; Doc. No. 50-6 at 2; Doc. No. 50-1 at 45-46.
9. Edquist received notice, by mail, at the 87 Florence Street, Melrose, MA 02176 address of these two payments from Jackson at least in the form of a transaction confirmation dated June 24, 2013 (showing the first payment) and a fourth quarter 2013 statement (reflecting both payments). Doc. No. 50-5 at 2; Doc. No. 50-6 at 2-3; Doc. No. 50-1 at 39-40, 47-48.
10. Edquist called Jackson on July 2, 2014. During the call, which was recorded, the Jackson Customer Service Representative stated that Jackson had mailed the contract to Edquist for her receipt the next day. Immediately thereafter, Edquist stated "I need to have it in my files because we moved, and I know it's somewhere in the boxes, and so I just wanted to have at least something in my file." Doc. No. 50-1 at 65.
11. Edquist received the July, 2014 mailing of the contract. Doc. No. 50-1 at 119; Doc. No. 50-13 at 2.
12. After receipt of the contract in July, 2014, Edquist sent a letter, dated July 7, 2014, that requested rescission of the contract pursuant to the contract's "right to examine" provision and sought return of the ...

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