SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 1 – RUSSELL H. TODD’S COMPLAINT FOR BREACH OF CONTRACT

David D. VanSpeybroeck, OSB #954440 

SUSSMAN SHANK LLP 

1000 SW Broadway, Suite 1400 

Portland, OR 97205-3089 

Telephone: (503) 227-1111 

Facsimile: (503) 248-0130 

Attorneys for Plaintiff 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

MEDFORD DIVISION 

RUSSELL H. TODD, in his capacity as 

personal representative for the Estate of 

Douglas H. Todd, 

Plaintiff,

v.

METLIFE INSURANCE COMPANY USA, a 

Delaware corporation,

Defendant.

Case No. ___________ 

COMPLAINT

Breach of Contract (28 U.S.C. §1332)

 DEMAND FOR JURY TRIAL

On behalf of the Estate of Douglas H. Todd (“Estate”), and in his capacity as 

personal representative therefor, Plaintiff Russell H. Todd (“Plaintiff”) alleges as follows:

GENERAL ALLEGATIONS 

1.

At all material times, Douglas H. Todd (“Decedent”) was a citizen of the state of 

Oregon and domiciled in Klamath Falls, Oregon. 

1:15-cv-1323

Case 1:15-cv-01323-CL Document 1 Filed 07/16/15 Page 1 of 7
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

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Page 2 – RUSSELL H. TODD’S COMPLAINT FOR BREACH OF CONTRACT

2.

Defendant MetLife Insurance Company USA (“Defendant”) is a corporation duly 

organized, existing, and domiciled in the state of Delaware. Its principal place of 

business is located in Charlotte, North Carolina. 

3.

Defendant is a successor-in-interest to MetLife Insurance Company of 

Connecticut (“MICC”), which at all material times was a corporation duly organized, 

existing, and domiciled in the state of Connecticut. MICC’s principal place of business 

was located in Hartford, Connecticut. 

4.

Travelers Insurance Company (“Travelers”) originally provided Decedent with the 

life insurance policy at issue in this case. Travelers subsequently merged with or was 

acquired by MICC. Defendant has assumed MICC’s contractual obligations to 

Decedent. 

5.

Decedent died from cancer on January 13, 2015, in Klamath Falls, Oregon.

6.

This Court has original jurisdiction over this matter pursuant to 28 U.S.C. § 1332

because it is a civil action between citizens of different states in which the amount in 

controversy exceeds $75,000, exclusive of interests and costs. 

7.

Venue in this Court is proper as Oregon has one District. 

Case 1:15-cv-01323-CL Document 1 Filed 07/16/15 Page 2 of 7
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

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Page 3 – RUSSELL H. TODD’S COMPLAINT FOR BREACH OF CONTRACT

8.

Divisional venue is only proper in the Medford Division because Decedent was 

domiciled in Klamath County and a substantial portion of the events in this case took 

place in Klamath County.

FIRST CAUSE OF ACTION

COUNT ONE

(Breach of Contract – Failure to Comply with Notice Provisions)

9.

Plaintiff reincorporates and realleges paragraphs 1-8 as though fully set forth 

herein.

10.

Years ago, Decedent obtained policy number 7400655 (the “Policy”), which 

provided $2,000,000 in life insurance coverage from Travelers. As previously stated, 

Travelers subsequently merged with or was acquired by MICC. 

11.

Decedent paid premiums on the Policy to MICC on a regular basis up until he 

was diagnosed with cancer. At that time, Decedent was unable to conduct his normal 

business affairs because of his illness and/or treatment.

12.

During his illness, Decedent failed to make a payment on the Policy in or about 

October of 2014. At that time, MICC told Decedent that the Policy had lapsed effective 

October 18, 2013, because Decedent had failed to make a payment on the Policy in or 

about August of 2013. Decedent, due to his illness, had stopped going to his office on a

Case 1:15-cv-01323-CL Document 1 Filed 07/16/15 Page 3 of 7
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1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

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Page 4 – RUSSELL H. TODD’S COMPLAINT FOR BREACH OF CONTRACT

regular basis and did not have any recollection of receiving a notice of past due 

payment or potential lapse.

13.

MICC failed to provide any notice of the Policy lapse to either the agent of record 

on the Policy, George Merhoff, or to Mr. Merhoff’s employer, Merz Agency. 

14.

Upon information and belief, Plaintiff believes that MICC failed to comply with the 

Policy’s provisions regarding notice of potential or actual lapse to Decedent and/or 

Decedent’s agent of record.1 

15.

MICC’s failure to provide proper notice of potential or actual lapse was a breach 

of the Policy. As successor in interest to MICC, Defendant is liable for MICC’s breach 

of the Policy. 

16.

Because of MICC and Defendant’s breach of the Policy’s notice provisions, 

Plaintiff demands reinstatement of the Policy retroactive to October 18, 2013. 

17.

Given the subsequent death of Decedent, Defendant is liable for $2,000,000 in 

life insurance coverage under the Policy, plus additional damages to be determined at 

trial.

/ / /

 

1 Plaintiff reserves the right to amend this Complaint to add additional claims or to modify 

existing claims once Defendant provides Plaintiff with a copy of the Policy. 

Case 1:15-cv-01323-CL Document 1 Filed 07/16/15 Page 4 of 7
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1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

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Page 5 – RUSSELL H. TODD’S COMPLAINT FOR BREACH OF CONTRACT

FIRST CAUSE OF ACTION

COUNT TWO

(Breach of Contract – Failure to Provide Copy of Policy)

18.

Plaintiff reincorporates and realleges paragraphs 9-17 as though fully set forth 

herein.

19.

Upon information and belief, the Policy requires that a copy of the Policy be 

provided to Decedent or to Decedent’s authorized representative upon request. Plaintiff 

is an authorized representative of Decedent. Plaintiff has repeatedly requested a copy 

of the Policy from MICC and from Defendant.

20.

MICC and Defendant have refused to provide to Plaintiff a copy of the Policy. 

21.

By refusing to provide Plaintiff with a copy of the Policy and thereby breaching 

the Policy, Defendant has damaged Plaintiff in an amount to be determined at trial.

SECOND CAUSE OF ACTION

(Violation of ORS 746.640)

22.

Plaintiff reincorporates and realleges paragraphs 18-21 as though fully set forth 

herein.

/ / /

/ / /

Case 1:15-cv-01323-CL Document 1 Filed 07/16/15 Page 5 of 7
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 6 – RUSSELL H. TODD’S COMPLAINT FOR BREACH OF CONTRACT

23.

ORS 746.640 requires an insurer to produce to an individual a copy of any 

recorded personal information pertaining to the individual that is reasonably described 

by the individual and reasonably locatable and retrievable by the insurer. A life 

insurance policy is recorded personal information within the meaning of the statute.

24.

Prior to his death, Decedent made a written request to MICC for a copy of the 

Policy. The written request reasonably described the Policy, and the Policy was 

reasonably locatable and retrievable by MICC and/or Defendant.

25.

MICC and/or Defendant failed to provide Decedent with a copy of the Policy 

notwithstanding their statutory obligation to do so.

26.

ORS 746.680(1) entitles Plaintiff, as personal representative of Decedent’s 

estate, to “appropriate equitable relief.” At a minimum, such relief requires Defendant to 

provide Plaintiff with a copy of the Policy.

27.

Plaintiff is entitled to his costs and attorney fees incurred in bringing this action 

pursuant to ORS 746.680(3).

WHEREFORE, Plaintiff prays for relief as follows:

1. On Plaintiff’s First Claim for Relief, Count One, for a judgment against 

Defendant that reinstates the Policy retroactive to October 18, 2013, and awards

Case 1:15-cv-01323-CL Document 1 Filed 07/16/15 Page 6 of 7
SUSSMAN SHANK LLP, ATTORNEYS AT LAW

1000 SW BROADWAY, SUITE 1400, PORTLAND, OREGON 97205-3089

TELEPHONE (503) 227-1111 | FACSIMILE (503) 248-0130

Page 7 – RUSSELL H. TODD’S COMPLAINT FOR BREACH OF CONTRACT

Plaintiff the principal sum of $2,000,000, plus additional damages to be proven at trial, 

plus Plaintiff’s costs and disbursements incurred herein;

2. On Plaintiff’s First Claim for Relief, Count Two, for a judgment against 

Defendant that awards Plaintiff damages in an amount to be determined at trial, plus 

Plaintiff’s costs and disbursements incurred herein; 

3. On Plaintiff’s Second Claim for Relief, for a judgment against Defendant 

stating that Defendant violated ORS 746.640;

4. For an order requiring Defendant to deliver a certified copy of the Policy

and awarding Plaintiff his attorney fees pursuant to ORS 746.680(3); and

5. Such further relief that the Court may deem just and equitable. 

DATED this 16th day of July, 2015.

SUSSMAN SHANK LLP

By /s/ David D. VanSpeybroeck

 David D. VanSpeybroeck, OSB No. 954440

 dvanspeybroeck@sussmanshank.com

 Attorneys for Plaintiff

*23019-002/RUSSELL TODD PR ESTATE OF DOUGLAS TODD COMPLAINT V METLIFE RE BREACH OF CONTRACT (02143233);4

Case 1:15-cv-01323-CL Document 1 Filed 07/16/15 Page 7 of 7