Lincoln Benefit Life v. Wilson

Filing 212

MEMORANDUM AND ORDER - Defendant's (third) motion in limine (Filing No. 204 ) is denied. Ordered by Senior Judge Richard G. Kopf. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINCOLN BENEFIT LIFE,
Plaintiff,
v.
JAMES W. WILSON,
Defendant.

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4:13CV3210

MEMORANDUM
AND ORDER

Defendant (“Wilson”) has filed a motion in limine to preclude Plaintiff (“LBL”)
from “introducing evidence in support of its lack of consideration affirmative defense
that a) seeks to establish that consideration is needed beyond procuring the Subject
Policies to the insured in 1999; b) is in violation of this Court’s prior rulings; c) was
never disclosed to Defendant during discovery; and d) speculatively suggests that
Defendant would not have been the broker that the policyholder would have used to
convert the Subject Policies in 2009” (Filing No. 204). The motion will be denied.
As to the first point, this is not the position Wilson assumed in the last round
of briefing, when the court was asked to rule on whether LBL could assert failure of
consideration as an affirmative defense. Wilson instead argued that he continued to
act as Lollytogs’ agent, that LBL could not deal directly with the insured, and, in any
event, that LBL’s actions excused any further performance on his part. The court will
not prevent Wilson from “mending his hold” in this regard, but the issue will need to
await decision at trial, based on a more fully developed record. The question of
whether evidence of an alleged “schism” between Wilson and his clients will be
admissible (fourth point above) will also be deferred until trial.
Regarding the second point, LBL represents it has no intention of violating the
court’s prior rulings. Finally, on the third point, the court will not enter a blanket
ruling to exclude undisclosed evidence.

Accordingly,
IT IS ORDERED that Defendant’s (third) motion in limine (Filing No. 204) is
denied.
DATED this 30th day of September, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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