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Linhart v. New York Life Insurance and Annuity Corporation — 9th Cir. (argued July 7, 2026)

No. 25-490 Argued July 7, 2026 Published July 8, 2026; updated August 17, 2026

The Ninth Circuit considers a California life insurance dispute involving James Linhart. His 2007 policy lapsed four days before he died and predated a 2013 law that, among other safeguards, requires insurers to give applicants a form to name someone else to receive lapse warnings and to remind policy owners annually of that right. His beneficiary, Barbara Linhart, says New York Life never sent the form and that the California Supreme Court's McHugh decision makes all the safeguards apply to policies already in force. The district court ruled for New York Life and denied class certification. Linhart will argue that the statutes work as a package, cover existing policy owners, and at least present a question for the California Supreme Court. New York Life will argue that the form requirement expressly applies only before a new policy is issued, that it sent nine annual notices, and that Linhart did not preserve a challenge to those notices. It will also defend the denial of class certification.

Linhart v. New York Life Insurance and Annuity Corporation (No. 25-490) — U.S. Court of Appeals for the Ninth Circuit, argued July 7, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Ninth Circuit:https://cdn.ca9.uscourts.gov/datastore/media/2026/07/07/25-490.mp3
McHugh v. Protective Life — California Supreme Court opinion:https://law.justia.com/cases/california/supreme-court/2021/s259215.html
California Rule of Court 8.548 — Judicial Branch of California:https://courts.ca.gov/cms/rules/index/eight/rule8_548
Christopher R. Pitoun — Hagens Berman:https://www.hbsslaw.com/attorneys/christopher-pitoun

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