Loberg et al v. Cigna Group Insurance et al

Filing 46

MEMORANDUM AND ORDER granting in part and denying in part 35 Motion for Summary Judgment: The Lobergs' claim for accidental death benefits in connection with Wade Loberg's death is returned to LINA to evaluate under Wickman v. Northwester n Nat'l Ins. Co., 908 F.2d 1077 (1st Cir. 1990), whether Wade's death was accidental; and The motion is denied in all other respects; granting in part and denying in part 38 Motion for Summary Judgment: Count IV of the Amended Complaint i s dismissed with prejudice; and The motion is denied in all other respects. This action is stayed pending the outcome of review of the claim under the standards set forth above. The parties shall file a written status report on or before September 1, 2011, concerning the progress of the evaluation by LINA. Ordered by Senior Judge Lyle E. Strom. (ADB, )

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