O'HEARN v. NATIONWIDE MUTUAL INSURANCE COMPANY

Filing 12

ORDER ON MOTION TO DISMISS re 8 Motion to Dismiss By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES OF AMERICA
DISTRICT OF MAINE

PHILIP O’HEARN
Plaintiff,
v.
NATIONWIDE MUTUAL INSURANCE
COMPANY,
Defendant.

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Civil No. 2:11-337-GZS

ORDER ON MOTION TO DISMISS
Before the Court is Defendant’s Motion to Dismiss (Document # 8).

As

explained herein, the Motion is DENIED.
As to the breach of contract claim (Count I), the issue raised by Defendant’s
Motion is a defense more appropriate for summary judgment or trial. Therefore, the
Court finds that the Complaint states a plausible claim for breach of contract and denies
the Motion as to Count I.
As to Count II, Defendant waives its right to seek to enforce the loan in question.
Therefore, without objection, Judgment shall enter for Plaintiff on Count II.
SO ORDERED.

/s/George Z. Singal_________________
George Z. Singal
Judge, United States District Court
Dated this 3rd day of November, 2011.