OHIO NATIONAL LIFE ASSURANCE CORPORATION'S MOTION FOR JUDGMENT ON DAMAGES

THOMAS M. DURKIN, District Judge.

Plaintiff, OHIO NATIONAL LIFE ASSURANCE CORPORATION ("Ohio National"), by its attorneys, Warren von Schleicher and Jacqueline J. Herring of Smith, von Schleicher & Associates, hereby submits its Motion for Judgment on Damages, pursuant to Fed. R. Civ. P. 56:

1. Ohio National filed this lawsuit to obtain a declaratory judgment and damages as a result of a stranger originated life insurance ("STOLI") scheme perpetrated by Douglas Davis, Paul Morady, and Mavash Morady.

2. The Court granted Ohio National's Motion for Summary Judgment against the STOLI perpetrators, Paul Morady, Mavash Morady, and Douglas Davis, for civil conspiracy, and also against Mavash Morady for fraud and breach of her General Agent Contract. Ohio Nat'l Life Assur. Corp. v. Davis, ___ F.Supp.2d ___, 2014 WL 500539 (N.D. Ill. Feb. 7, 2014).

3. Ohio National files the present Motion to prove up damages for conspiracy, fraud, and breach of contract. Ohio National requests an award of (i) $120,271.41 in compensatory damages for out of pocket losses for commissions paid on the illegally procured Policies; (ii) $605,395.15 in compensatory damages for out-of-pocket attorneys' fees and litigation costs incurred due to the litigation necessitated by the STOLI perpetrators' wrongful conduct; and (iii) $360,814.23 in punitive damages, representing three times the amount of commissions, to punish and deter the perpetrators' willful and reprehensible conduct.

4. Damages total $1,086,480.79 plus prejudgment interest, jointly and severally against Paul Morady, Mavash Morady, and Douglas Davis for conspiracy and individually against Mavash Morady for fraud and breach of contract.

WHEREFORE, Plaintiff, OHIO NATIONAL LIFE ASSURANCE CORPORATION respectfully requests entry of summary judgment in its favor, pursuant to Fed. R. Civ. P. 56, awarding damages to Ohio National in the total amount of $1,086,480.79 plus prejudgment interest.