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)

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. § 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

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