Davis v. Combined Insurance

Filing 33

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS; AFFORDING LEAVE TO AMEND; VACATING HEARING DATE. Signed by Judge Maxine M. Chesney on 01/10/2018. (mmclc2, COURT STAFF) (Filed on 1/10/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KEITH DAVIS,
Plaintiff,

United States District Court
Northern District of California

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Case No. 17-cv-02655-MMC

v.
COMBINED INSURANCE,
Defendant.

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ORDER GRANTING DEFENDANT'S
MOTION TO DISMISS; AFFORDING
LEAVE TO AMEND; VACATING
HEARING DATE
Re: Dkt. No. 17

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Before the Court is defendant Combined Insurance’s motion, filed November 17,

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2017, to dismiss plaintiff Keith Davis’s First Amended Complaint, in which plaintiff alleges

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a single cause of action for breach of contract by reason of defendant’s failure to pay

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benefits upon the death of plaintiff’s son. Plaintiff has filed opposition, to which defendant

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has replied. The Court, having read and considered the papers filed in support of and in

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opposition to the motion, finds the insurance policy at issue does not afford death

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benefits.

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Accordingly, defendant’s motion to dismiss is hereby GRANTED, and, in light of

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plaintiff’s assertion in his opposition that he purchased the policy in reliance on

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representations made by defendant’s agent, plaintiff is hereby afforded leave to amend to

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plead, if he can do so, a claim based on such representations.

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Plaintiff’s Second Amended Complaint, if any, shall be filed no later than January
26, 2018.

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In light of the above, the hearing on defendant’s motion to dismiss, scheduled for
January 26, 2018, is hereby VACATED.
IT IS SO ORDERED.

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Dated: January 10, 2018
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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