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Lack of Insurable Interest Makes Life Policy Void from Inception  

Policy Acquired as Part of a STOLI Fraud Never Existed as a Matter of  Law  

RELEVANT FACTS AND BACKGROUND  On July 11, 2007, the fictitious Mansour Seck Irrevocable Life Insurance  Trust (the "Seck Trust") applied to MetLife Investors USA Insurance  Company (Brighthouse\'s predecessor) for a $5 million universal life  insurance policy insuring the life of a fictitious man identified as  Mansour Seck (the "Policy"), with a birthday of January 1, 1933. 

Seck  was identified as a French citizen residing at 170 Academy Street,  Jersey City, New Jersey.  After confirming that its procedures and guidelines were met, MetLife  issued the Policy on or around July 24, 2007.  Pape Seck\'s Arrest and Prosecution  In 2010, Pape Seck was the subject of numerous press releases issued by  the State of New Jersey and other insurance industry publications; they  stated that Pape Michael Seck, a New York City insurance agent, had been  arrested and prosecuted for fraudulent insurance schemes. Pape Seck  pleaded guilty to two counts of insurance fraud concerning fraudulent  applications for Mansour Seck. T  Litigation and the Superior Court Ruling In its opinion, the trial court declared the Policy void ab initio. The  court denied Geronta\'s request for rescission and disgorgement, holding  that rescission is not available where a contract is void because there  is no contract to "unmake." After trial, the Superior Court ruled that  Geronta was only entitled to restitution of the premiums it paid after  it informed Brighthouse that the Policy was void for lack of an  insurable interest.