Kevin McNulty

Kevin McNulty

United States District Court for the District of New Jersey (senior status)

Tenure

2023 - Present

Years in position

1

Prior offices

United States District Court for the District of New Jersey

Education

Personal

Suit over death benefits for disabled veterans allowed to continue (2014)

See also: United States District Court for the District of New Jersey (Hamilton, et al v. Prudential Insurance Co. of America, et al, 2:12-4196 (KM)(MAH))

On April 30, 2014, Judge McNulty denied a motion to dismiss filed by defendants, including Prudential Insurance and the Department of Veteran Affairs, as to the named plaintiffs, without addressing the merits of the complaint.^[8]

In the underlying case, the families of William Hamilton and Carey Seymour filed suit, alleging that Prudential failed to tell former soldiers that their insurance policies would lapse after they left active duty. Both Hamilton and Seymour were considered disabled after their time of military deactivation, with insurance benefits ranging from $250,000 to $400,000 under the Servicemembers Group Life Insurance Act. Both men suffered from post-traumatic stress disorder, and committed suicide after leaving active duty.^[8] Their families contend that by virtue of their ongoing disabilities, their insurance coverage should have been extended for two additional years. Plaintiffs claimed equal protection violations, contending that the defendants denied some beneficiaries' claims while granting others, even though the servicemember was not completely disabled, the two-year disability extension had long passed, and the servicemember failed to convert his policy to a veteran's policy -- in short, in cases where "it did not appear that the statutory criteria had been met." Plaintiffs also alleged fraud by omission as to claims of intentional withholding of vital information regarding their loved ones' insurance benefits.^[8]

Judge McNulty ruled in favor of the plaintiffs, finding their claims "sufficient to sustain" the allegations made against the defendants.^[8]

1. ↑ ^{1.0 1.1} White House Office of the Press Secretary, "Presidential Nominations Sent to the Senate," December 16, 2011
2. ↑ ^{2.0 2.1 2.2 2.3} Federal Judicial Center, "Biography of Kevin McNulty"
3. ↑ U.S. Courts, "Future Judicial Vacancies," accessed November 2, 2022
4. ↑ ^{4.0 4.1} White House Office of the Press Secretary, "President Obama Nominates Two to Serve on the US District Court," December 16, 2011
5. ↑ Senate Committee on the Judiciary, "112th Congress Nomination Materials," accessed May 8, 2014
6. ↑ Senate Committee on the Judiciary, "Report on the Activities of the Senate Judiciary Committee, 112th Congress," March 21, 2013
7. ↑ Senate.gov, "United States Periodic Press Gallery," accessed May 8, 2014
8. ↑ ^{8.0 8.1 8.2 8.3} Sacramento Bee, "Judge upholds NJ suit over veteran death benefits," April 30, 2014 (dead link)