EFG Bank AG, Cayman Branch v. Transamerica Life Insurance Company
Filing 181
MINUTES OF DEFENDANT'S MOTION TO DISMISS FIFTH AMENDED COMPLAINT (Dkt. 166 , filed January 2, 2020) Hearing held before Judge Christina A. Snyder. The Court GRANTS in part and DENIES in part Transamerica's motion to dismiss plaint iffs' breach of contract claim, as alleged in 86(b) of the FAC. With respect to plaintiffs' policies that include "interest" as an enumerated cost factor, the Court DISMISSES plaintiffs' breach of contract claim, as alleged in 86(b) of the FAC, with prejudice. With respect to plaintiffs' policies that do not include "interest" as an enumerated cost factor, the Court DENIES Transamerica's motion to dismiss. The Court DENIES Transamerica's moti on to dismiss plaintiffs' conversion claim. The Court DISMISSES plaintiffs' claim for breach of the implied covenant of good faith and fair dealing sounding in tort without prejudice. Plaintiffs shall file a sixth amended complaint within fourteen (14) days. Court Reporter: Laura Elias. (lom)
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