MCGARRIGLE v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON et al

Filing 15

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED WITH RESPECT TO PLAINTIFF'S CLAIM FOR LONG TERM DISABILITY BENEFITS AND DENIED WITH RESPECT TO PLAINTIFF'S CLAIM FOR SHORT TERM DISABILITY BENEFITS. IT IS FURTHER ORDERED THAT PLAINTI FF'S CLAIM FOR LONG TERM DISABILITY BENEFITS PURSUANT TO FACTORY MUTUAL INSURANCE COMPANY'S GROUP DISABILITY INSURANCE POLICY IS DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE JOHN R. PADOVA ON 5/22/2013. 5/24/2013 ENTERED AND COPIES MAILED TO UNREP, AND E-MAILED.(uh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WENDY McGARRIGLE
v.
LIBERTY LIFE
ASSURANCE COMPANY
OF BOSTON, ET AL.

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CIVIL ACTION

NO. 13-206

ORDER
AND NOW, this 22nd day of May, 2013, upon consideration of Defendant Liberty Life
Assurance Company of Boston’s Motion to Dismiss (Docket No. 5), and all documents filed in
connection therewith, and for the reasons stated in the accompanying Memorandum, IT IS
HEREBY ORDERED that the Motion is GRANTED with respect to Plaintiff’s claim for long term
disability benefits and DENIED with respect to Plaintiff’s claim for short term disability benefits.
IT IS FURTHER ORDERED that Plaintiff’s claim for long term disability benefits pursuant to
Factory Mutual Insurance Company’s Group Disability Insurance Policy is DISMISSED without
prejudice.

BY THE COURT:
/s/ John R. Padova
_________________________
John R. Padova, J.