John Grove v. MML Investors Services LLC
CourtCourt of Appeals for the Third Circuit
Date FiledOctober 20, 2026
Docket25-2483
StatusUnpublished
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Full Opinion
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 25-2483
JOHN GROVE,
Appellant
v.
MML INVESTORS SERVICES, LLC AND MASSACHUSETTS
MUTUAL LIFE INSURANCE COMPANY,
Appellees
_____________________________________
On Appeal from the United States District Court for the Eastern District of Pennsylvania
Judge Karen S. Marston, No. 2:25-cv-02133
Before: CHAGARES, Chief Judge, ROTH, and RENDELL, Circuit Judges
Submitted: Apr. 28, 2026; Filed: Oct. 20, 2026
_____________________________________
NONPRECEDENTIAL OPINION *
RENDELL, Circuit Judge.
John Grove purchased a life insurance policy in May 1994. Since then, Grove has
invested $96,420 into his policy. Grove occasionally received reports about his policy but
alleges he was not alerted to the decreasing value of his investment until January 2025
when Grove received a letter that his account’s value dropped to $336.12. Grove sued under
common law and statutory claims, but the District Court dismissed his claims as time-
barred. Because the District Court should have considered the application of the discovery
rule to toll Grove’s claims, we will vacate and remand.
*
This is not an opinion of the full Court and, under 3d Cir. IOP 5.7, is not binding
precedent.
I.
Grove purchased a MetLife flexible premium multifunded life insurance policy (the
“Policy”) from a MetLife agent on May 24, 1994. Under the Policy, Grove could allocate
payments to a Fixed Account, with interest guaranteed at 4%, and a Separate Account,
where funds would be invested. Grove allocated investments in his Separate Account as
follows: 40% in growth; 20% in diversified; 20% in aggressive growth; and 20% in
international stock. When Grove purchased the Policy, the agent certified that the Policy
was suitable for Grove’s purposes, and Grove was also informed that the Policy only makes
economic sense if the policyholder can make payments to offset MetLife’s investment costs
and losses. Grove made an initial transfer of $24,000 and, thereafter, deposited $170 per
month for 426 months, creating a total input of $96,420.00. The allocation of risk did not
change significantly.
The account was transferred, at a time unbeknownst to Grove, to MML Investor
Services, LLC (“MML”), in the care of its employee Savaz Saymaz. Grove alleges MML
and Saymaz had a duty to conduct an annual review, consult with Grove about his goals,
and provide Grove notice of the potential or possibility of financial loss. This duty allegedly
derives from industry protocol, industry ethics standards, the MetLife contract code of
ethics, and the Pennsylvania Securities Commission. The Policy itself provides that Grove
would receive written notice of material details including investment objectives, charges,
and changes to the underlying investments and an annual report.
On January 24, 2025, MetLife informed Grove by letter that the value of his account
was $336.12 and his Policy would be terminated unless he paid an additional $6,643.08.
2
Up to this point, no one had contacted Grove about the decreasing value of his account.
Grove only occasionally received reports from MetLife, which never recommended
consultation. Grove urges this loss could have been avoided if Grove had been advised to
lower his death benefit, provide higher premiums earlier, or switch investment vehicles.
Grove sued MML and its parent company Massachusetts Mutual Life Insurance
Company (“MassMutual,” collectively “Defendants”) on March 28, 2025, in the Court of
Common Pleas of Bucks County, Pennsylvania for professional negligence, breach of
fiduciary duty, concerted tortious action, and violation of Pennsylvania’s Unfair Trade
Practice and Consumer Protection Law. Defendants removed the action to federal court
and moved to dismiss the Complaint.
The District Court found Grove’s claims were time-barred under the occurrence rule,
whereby the statute of limitations begins to run when the cause of action arises, and granted
the motion to dismiss. The District Court reasoned that the statute of limitations began to
run in 1995, one year after Grove purchased the Policy, because his cause of action arose
when the Defendants first breached their duties. Because Grove alleges that the Defendants
breached their duties by failing to send annual reports, conduct annual reviews, hold annual
meetings, or recommend consultation, the District Court urged that Grove should have
known a breach occurred when Grove did not receive an annual report after holding the
Policy for one year.
3
II.1
We review the District Court’s grant of a motion to dismiss de novo. Doe v. Univ. of
Scis., 961 F.3d 203, 208 (3d Cir. 2020). A Rule 12(b)(6) motion to dismiss may be granted
“only if, accepting all well pleaded allegations in the complaint as true, and viewing them
in the light most favorable to plaintiff, plaintiff is not entitled to relief.” In re Burlington
Coat Factory Sec. Litig., 114 F.3d 1410, 1420 (3d Cir. 1997). The relevant question is not
whether the plaintiff will “ultimately prevail,” but whether the plaintiff is “entitled to offer
evidence to support the claims.” Id. (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)).
We apply Pennsylvania law to resolve statute of limitations issues. See Knopick v.
Connelly, 639 F.3d 600, 606 (3d Cir. 2011) (explaining we predict how the Pennsylvania
Supreme Court would resolve statute of limitations issues). “Pennsylvania favors strict
application of statutes of limitations.” Id. Under the occurrence rule, the statute of
limitations begins to run when the breach of duty occurs. Wachovia Bank, N.A. v. Ferretti,
935 A.2d 565, 572 (Pa. Super. Ct. 2007).
There is an exception to the occurrence rule when a plaintiff could not reasonably
have discovered his injury or its cause. Pocono Int’l Raceway, Inc. v. Pocono Produce, Inc.,
468 A.2d 468, 471 (Pa. 1983). In these cases, the discovery rule applies, tolling the statute
until “the plaintiff knew or, exercising reasonable diligence, should have known (1) he or
she was injured and (2) that the injury was caused by another.” Adams v. Zimmer US, Inc.,
943 F.3d 159, 163 (3d Cir. 2019). If the plaintiff has no reason to investigate, the statute
1
This Court has jurisdiction under 28 U.S.C. § 1291.
4
will remain tolled. Knopick, 639 F.3d at 612; see also Crouse v. Cyclops Indus., 745 A.2d
606, 611 (Pa. 2000) (“[T]here are few facts which diligence cannot discover, but there
must be some reason to awaken inquiry and direct diligence in the channel in which it
would be successful.”) (emphasis added).
The plaintiff bears the burden of showing reasonable diligence. Nicolaou v. Martin,
195 A.3d 880, 893 (Pa. 2018). The reasonable diligence standard is objective but takes into
account the plaintiff’s capacities and circumstances. Drelles v. Mfrs. Life Ins. Co., 881 A.2d
822, 831 (Pa. 2005).
Whether the exercise of reasonable diligence could have discovered the injury and
its cause is a factual question for the jury to decide. Fine v. Checcio, 870 A.2d 850, 858
(Pa. 2005). Only where “reasonable minds would not differ” on this question may a court
decide that the discovery rule does not apply as a matter of law. Id. at 858-59. In declining
to use the discovery rule, a court must not undertake fact-finding and inference-drawing.
Id. at 861.
We illustrated the distinction between the occurrence rule and discovery rule in
Knopick, 639 F.3d at 615. There, the plaintiff brought a legal malpractice claim based on
his lawyer’s failure to call witnesses. Id. The district court dismissed his claim under the
occurrence rule, finding that the breach occurred at the time of the hearing. The court
reasoned that the plaintiff knew or should have known of the alleged malpractice because
he had recommended witnesses to call and was present at the hearing when his attorney
did not call witnesses. Id. at 603. We reversed, holding a jury should decide when the
plaintiff, exercising reasonable diligence, knew or should have known that he was injured
5
as a result of the witnesses not being called. Id. at 615. We emphasized the “critical
importance” of the “distinction between the act constituting the alleged breach . . . and the
injury that flowed from this failure,” finding the district court conflated this distinction. Id.
(“In this case, we believe the District Court inappropriately equates the breach of duty (or
‘alleged malpractice’ action) with the injury suffered from that breach.”). We refused to
determine, as a matter of law, “whether [the plaintiff] had the necessary clues that set off
his obligation to investigate the implications of the [breach]” because reasonable minds
could disagree. Id. at 616.
Here, a court must determine Grove’s ability, exercising reasonable diligence, to
discover his injury and its cause and when he should have known he suffered injury from
the breach. Only if the facts are so clear that reasonable minds could not differ, may we
determine this ability as a matter of law. Dismissal was premature because, on a motion to
dismiss, the District Court could not ascertain when the breach caused Grove’s injury and
when he should have known of it or investigated.2
Grove alleges he did not discover his injury until he received the January 2025 letter.
Grove provides the following failings that could have caused his injury: Defendants neither
contacted Grove, recommended meetings, nor sent yearly reports such that we do not know
2
On this record, dismissal was premature because the District Court did not undertake
the required discovery-rule analysis at all. The court may, if it concludes that the present
record is insufficient, exercise its discretion to order limited discovery on the statute-of-
limitations issue before resolving the question as a matter of law. See Cunningham v.
M&T Bank Corp., 814 F.3d 156, 159 (3d Cir. 2016). We express no view on whether
limited discovery is required or how the discovery-rule analysis should ultimately be
resolved.
6
if they provided facts that would alert Grove to the decreasing value of his investment or
cause him to reevaluate Defendants’ investment strategy. Accepting as true that Grove only
occasionally received statements and no other notice, a court cannot ascertain the time he
should have known of his injury without an understanding of what he knew and when.
Only a jury should consider whether the alleged failings would have given a
reasonably diligent person reason to investigate whether he was being harmed. A jury could
plausibly reason that no news is good news as it pertained to the maintenance of his Policy
such that he was under no duty to inquire.3 So, we cannot say the facts are so clear to decide
as a matter of law when Grove should have discovered his injury and its cause.
As in Knopick, here the District Court conflated the time of one alleged breach
(failure to receive an annual statement) with when Grove should have known of his injury.
A jury should decide whether a reasonable person should have known that he was being
injured based on what he knew at the time. For purposes of the motion to dismiss, the court
must accept Grove’s assertion that he first knew of his harm when he received the January
2025 letter. Thus, the District Court erred by granting the Defendants’ motion to dismiss as
time-barred without considering the discovery rule.
III.
For these reasons, we will vacate the District Court’s judgment and remand for
further proceedings.
3
Defendants indicated in their motion to dismiss that they sent 150 pages of annual
statements. Unless it is clear as to when Grove was put on notice that he was being
harmed, a jury should decide this issue.
7