KALODNER v. GENWORTH LIFE AND ANNUITY INSURANCE COMPANY
ORDER THAT DEFENDANT GENWORTH LIFE AND ANNUNITY INSURANCE COMPANY MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 6/26/17. 6/26/17 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GENWORTH LIFE AND ANNUITY
JUN; 26 20\7
By O~Oep. Clerk
AND NOW, this 26th day of June, 2017, upon consideration of Defendant Genworth Life
and Annuity Insurance Company's Motion to Dismiss (Docket No. 10), and all documents filed in
connection therewith, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and
DENIED IN PART as follows:
The Motion is GRANTED insofar as it seeks dismissal of Counts II, Ill, and the
portion of Count I that claims that Defendant breached its insurance policy with
Plaintiff by engaging in "modeling," and Counts II, III, and the portion of Count I
that alleges a breach based on improper modeling are DISMISSED.
The Motion is DENIED insofar as it seeks dismissal of the portion of Count I that
claims that Defendant breached its insurance policy with Plaintiffby eonsidering
premium patterns in setting the Cost of Insurance.
BY THE COURTl:
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