The Guardian Life Insurance Company of America v. Gabrielian and Associates

Filing 41

JUDGMENT IN FAVOR OF GUARDIAN LIFE INSURANCE COMPANY OF AMERICA by Judge John F. Walter. Judgment is hereby entered in favor of Guardian and against Gabrielian & Associates, Gabrielian and Associates Insurance Services Inc., and Leo Gabrielian. Guardian is entitled to costs of suit. (MD JS-6, Case Terminated). (kbr)

1 SEAN P. NALTY (SBN 121253)
Email: [e-mail]
2 WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
3 525 Market Street, 17th Floor
San Francisco, California 94105
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Plaintiff and Counterdefendant,
6 THE GUARDIAN LIFE INSURANCE
COMPANY OF AMERICA
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

THE GUARDIAN LIFE INSURANCE
11 COMPANY OF AMERICA,
Plaintiff,

12
13

JS-6

vs.

Case No.: CV12-0632-JFW (MANx)
JUDGMENT IN FAVOR OF
GUARDIAN LIFE INSURANCE
COMPANY OF AMERICA

14 GABRIELIAN AND ASSOCIATES
INSURANCE SERVICES INC.,
15
Defendant.
16
17 AND RELATED COUNTERCLAIM.
18
19
20
21
22
23
24
25
26
27
28
973944.1

1
JUDGMENT IN FAVOR OF GUARDIAN LIFE INSURANCE COMPANY OF AMERICA
Case No.: CV12-0632-JFW-MANx

1

Based on the Findings of Fact and Conclusions of Law issued by the Court

2 on December 19, 2012, a copy of which is attached hereto as Exhibit A and
3 incorporated herein, Judgment is hereby entered on The Guardian Life Insurance
4 Company of America’s (“Guardian”) complaint for declaratory relief in favor of
5 Guardian. The Court hereby confirms that the Group Policy issued by Guardian to
6 Gabrielian & Associates on February 1, 2011, with an Employer Rider group plan
7 number G-00761339-GN (“the Group Policy”), is rescinded and was properly
8 rescinded by Guardian. The coverage under the Group Policy is null and void and
9 there is no coverage under the Group Policy.
10

In addition, based on the Findings of Fact and Conclusions of Law issued by

11 the Court on December 19, 2012, Leo Gabrielian and Gabrielian and Associates
12 Insurance Services, Inc. (collectively “Gabrielian”) take nothing on their
13 counterclaim for benefits under the Group Policy, attorney’s fees, and costs. The
14 Group Policy was properly rescinded and is void. No coverage exists under the
15 Group Policy and therefore no benefits are payable to Gabrielian.
16

Accordingly, Judgment is hereby entered in favor of Guardian and against

17 Gabrielian & Associates, Gabrielian and Associates Insurance Services Inc., and
18 Leo Gabrielian. Guardian is entitled to costs of suit.
19
20 IT IS SO ORDERED
21
22

Dated: January 8, 2013

23

Honorable John F. Walter
United States District Judge

24
25
26
27
28
973944.1

2
JUDGMENT IN FAVOR OF GUARDIAN LIFE INSURANCE COMPANY OF AMERICA
Case No.: CV12-0632-JFW-MANx