HILSTON v. AMERICAN GENERAL LIFE INSURANCE COMPANY

Filing 23

ORDER THAT DEFENDANTS MOTION TO DISMISS THE AMENDED COMPALINT AND ORDER FOR RULE TO SHOW CAUSE SI GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANT SHALL ANSWER THE COMPLAINT ON OR BEFORE 5/26/2015. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/12/2015. 5/12/2015 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SHARON 0. HILSTON, individually and
as trustee of the James A. Hilston
Irrevocable Trust

CIVIL ACTION

v.
NO. 14-7269
AMERICAN GENERAL LIFE
INSURANCE COMPANY

ORDER
AND NOW, this 12th day of May 2015, upon consideration of Defendant's Motion to

Dismiss the Amended Complaint and Order for Rule to Show Cause (ECF Doc. No. 11 ),
Plaintiffs Opposition (ECF Doc. No. 17), Defendant's Reply (ECF Doc. No. 18), and Plaintiffs
Sur-Reply (ECF Doc. No. 21), and in accord with the accompanying Memorandum, it is
ORDERED Defendant's Motion is GRANTED in part and DENIED in part:

1.

Defendant's Motion to Dismiss Count I (Breach of Contract) is DENIED, as

Plaintiff has timely stated a claim for breach of contract;
2.

Defendant's Motion to Dismiss Count II (Bad Faith) is GRANTED as to

Plaintiffs claim as Trustee of the James A. Hilston Irrevocable Trust as barred by
Pennsylvania's two year statute oflimitations as evident on the face of the Amended Complaint;
3.

Defendant's Motion to Dismiss Count II (Bad Faith) is DENIED as to Plaintiffs

individual claim as a beneficiary;
4.

Defendant's request for an Order to Show Cause challenging the Plaintiffs

standing is DENIED subject to discovery and renewal following the close of discovery; and,

5.

Defendant shall answer the Complaint on or before May 26, 2015.