On May 24, 2017 a
Motion-Secondary
was filed
involving a dispute between
Rochelle Menche And Pinchus Menche As Trustees Of The Solomon Menche Ilit,
and
The United States Life Insurance Co. In The City Of New York,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/14/2018 03:05 PM INDEX NO. 652830/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____
Index No. 652830/2017
ROCHELLE MENCHE and PINCHUS
MENCHE as trustees of the SOLOMON
MENCHE ILIT, AFFIDAVIT OF KAREN HITE IN
- OPPOSITION TO
Plaintiffs, PLAINTIFFS/
-against- DEFENDANTS'
COUNTER-CLAIM
THE UNITED STATES LIFE INSURANCE MOTION FOR SUMMARY JUDGMENT
CO. IN THE CITY OF NEW YORK.
- Defendant.
State of Tennessee )
County of Davidson )
Karen Hite, being duly sworn, deposes and says:
1, I am a Director, Operations, for Defendant/Counter-Claim Plaintiff The United
States Life Insurance Company in the City of New York ("U.S. Life."). I make this affidavit on
Defendants'
personal knowledge in opposition to Plaintiffs/Conner-Claim Motion for Smmary
Judgment.
2. Attached hereto as Exhibit A is a true and correct copy of Insurance Policy
WHE0051280, issued by U.S. Life to Plaintiffs/Counter-Claim Defendants Rochelle Menche and
Piñchus Meñche as trustees of the Selemeñ Meñche ILIT (the "Trust") on February 2, 2008.
3. Attached hereto as Exhibit B is a true and correct copy of Insurance Policy
WH00194460, issued by U.S. Life to the Trust on February 2, 2008.
4. Attached hereto as Exhibit C are letters dated July 13, 2015, sent by U.S. Life to
the Trust advising that ithad to remit $104,500 for each policy (the premiums owed for the years
2011 to 2016) by July 28, 2015 in order to restore coverage.
000S8525.1
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FILED: NEW YORK COUNTY CLERK 12/14/2018 03:05 PM INDEX NO. 652830/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/14/2018
5. Attached hereto as Exhibit D are letters dated July 21, 2015, sent by U.S. Life to
the Trust extending the remittance deadline to August 21, 2015.
6. Attached hereto as Exhibit E are letters dated March 9, 2016, sent by U.S. Life to
the Trust, stating that $125,400 for each policy was due by March 29, 2016 in order to keep them
in force.
7. Attached hereto as Exhibit F are letters dated May 31, 2016, sent by U.S. Life to
the Trust, stating that stating that ithad not received the requested premiums for the policies and
that they had therefore lapsed and were terminated.
Dated: December 12, 2018
Nashville, Tennessee
Kare Hite, Directo perations
STATE OF TENNESSEE )
) ss.:
COUNTY OF DAVIDSON )
On the 12th day of December, 2018, before me the undersigned, personally appeared Karen Hite,
personally known to me or proved to me on the basis of satisfactory evidence, to be the
individual whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her capacity, and that by her signature on the instrument, the individual, or
the erson on behalf of which the individual acted, executed the instrument.
.
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July 8, 2019 .. 4
00058525.1
2 of 2
Document Filed Date
December 14, 2018
Case Filing Date
May 24, 2017
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 12/14/2018 03:05 PM INDEX NO. 652830/2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____ Index No. 652830/2017 ROCHELLE MENCHE and PINCHUS MENCHE as trustees of the SOLOMON MENCHE ILIT, AFFIDAVIT OF KAREN HITE IN - OPPOSITION TO Plaintiffs, PLAINTIFFS/ -against- DEFENDANTS' COUNTER-CLAIM THE UNITED STATES LIFE INSURANCE MOTION FOR SUMMARY JUDGMENT CO. IN THE CITY OF NEW YORK. - Defendant. State of Tennessee ) County of Davidson ) Karen Hite, being duly sworn, deposes and says: 1, I am a Director, Operations, for Defendant/Counter-Claim Plaintiff The United States Life Insurance Company in the City of New York ("U.S. Life."). I make this affidavit on Defendants' personal knowledge in opposition to Plaintiffs/Conner-Claim Motion for Smmary Judgment. 2. Attached hereto as Exhibit A is a true and correct copy of Insurance Policy WHE0051280, issued by U.S. Life to Plaintiffs/Counter-Claim Defendants Rochelle Menche and Piñchus Meñche as trustees of the Selemeñ Meñche ILIT (the "Trust") on February 2, 2008. 3. Attached hereto as Exhibit B is a true and correct copy of Insurance Policy WH00194460, issued by U.S. Life to the Trust on February 2, 2008. 4. Attached hereto as Exhibit C are letters dated July 13, 2015, sent by U.S. Life to the Trust advising that ithad to remit $104,500 for each policy (the premiums owed for the years 2011 to 2016) by July 28, 2015 in order to restore coverage. 000S8525.1 1 of 2 FILED: NEW YORK COUNTY CLERK 12/14/2018 03:05 PM INDEX NO. 652830/2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/14/2018 5. Attached hereto as Exhibit D are letters dated July 21, 2015, sent by U.S. Life to the Trust extending the remittance deadline to August 21, 2015. 6. Attached hereto as Exhibit E are letters dated March 9, 2016, sent by U.S. Life to the Trust, stating that $125,400 for each policy was due by March 29, 2016 in order to keep them in force. 7. Attached hereto as Exhibit F are letters dated May 31, 2016, sent by U.S. Life to the Trust, stating that stating that ithad not received the requested premiums for the policies and that they had therefore lapsed and were terminated. Dated: December 12, 2018 Nashville, Tennessee Kare Hite, Directo perations STATE OF TENNESSEE ) ) ss.: COUNTY OF DAVIDSON ) On the 12th day of December, 2018, before me the undersigned, personally appeared Karen Hite, personally known to me or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the erson on behalf of which the individual acted, executed the instrument. . oo" " ' fotf Íry Pulg( ,,, My Commission Expires .. ·.. ', July 8, 2019 .. 4 00058525.1 2 of 2