Hare v. Liberty Life Assurance Company of Boston et al

Filing 13

ORDER granting 7 Motion to Dismiss Hare's breach-of-fiduciary-duty claim with prejudice. Signed by Judge D. P. Marshall Jr. on 4/18/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF RUTH ANN HARE No. 4:13-cv-87-DPM v. LIBERTY LIFE ASSURANCE CO. OF BOSTON; L'OREAL USA INC.; and L'OREAL USA LONG TERM DISABILITY PLAN DEFENDANTS ORDER This Court granted in part and held in abeyance in part Liberty's motion to dismiss Hare's breach-of-fiduciary-duty claim, NQ 10, awaiting a reply on the viability of the health-insurance portion of that claim. Liberty has replied. It says Hare's claim for health-insurance benefits rises or falls with her claim for disability benefits under 29 U.S.C. ยง 1132(a)(1)(B). The Court agrees. No breach-of-fiduciary-duty claim for denied health benefits exists. Varity Corp. v. Howe, 516 U.S. 489,515 (1996); see also Pichoffv. QHG of Springdale, Inc., 556 F.3d 728, 731 (8th Cir. 2009). The Defendants' motion to dismiss, NQ 7, is therefore granted in full. Hare's breach-of-fiduciary-duty claim is dismissed with prejudice. So Ordered. D.P. Marshall Jr.(/ United States District Judge 184pv!L :2013 -2-

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