KALODNER v. GENWORTH LIFE AND ANNUITY INSURANCE COMPANY

Filing 17

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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVILACTI~ PHILIPP. KALODNER v. FILED GENWORTH LIFE AND ANNUITY INSURANCE COMPANY JUN; 26 20\7 NO. 16-4817 KAT~N. Cieri\ 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: 1. 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. 2. The Motion is DENIED insofar as it seeks dismissal of the portion of Count I that ENTERP=D 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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