LIBERTY LIFE INSURANCE COMPANY v. FIGUEROA

Filing 41

OPINION/ORDER THAT THE MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF LIBERTY LIFE INSURANCE COMPANY IS GRANTED; DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANT'S AMENDED MOTION FOR SUMMARY JUDGMENT ARE EACH DENIED. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF LIBERTY LIFE INSURANCE COMPANY AND AGAINST DEFENDANT VERONICA N. FIGUEROA, ADMINISTRATRIX OF THE ESTATE OF ERNESTO FIGUEROA, ALSO KNOWN AS ERNESTO F. CARRION. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/25/11. 2/25/11 ENTERED AND COPIES E-MAILED; AND THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. (ky, )

LIBERTY LIFE INSURANCE COMPANY v. FIGUEROA

Doc. 41

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LIBERTY LIFE INSURANCE COMPANY, Plaintiff vs. VERONICA N. FIGUEROA, Administratrix of the Estate of Ernesto Figueroa, also known as Ernesto F. Carrion, Defendant ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 09-cv-03069

O R D E R NOW, this 25th day of February, 2011, upon consideration of the following motions and documents: (1) Motion for Summary Judgment of Plaintiff Liberty Life Insurance Company filed July 30, 2010; Defendant's Motion for Summary Judgment filed July 30, 2010; and Defendant's Amended Motion for Summary Judgment filed August 24, 2010;

(2) (3)

upon consideration of the briefs of the parties; after oral argument before the undersigned on August 25, 2010; and for the reasons expressed in the accompanying Opinion, IT IS ORDERED that the Motion for Summary Judgment of Plaintiff Liberty Life Insurance Company is granted. IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment and Defendant's Amended Motion for Summary Judgment are each denied.

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IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff Liberty Life Insurance Company and against defendant Veronica N. Figueroa, Administratrix of the Estate of Ernesto Figueroa, also known as Ernesto F. Carrion. IT IS FURTHER ORDERED AND DECLARED that plaintiff Liberty Life Insurance Company is not obligated to pay benefits under an accidental death policy it issued to defendant's decedent Ernesto Figueroa, also known as Ernesto F. Carrion. IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes. BY THE COURT:

/s/ James Knoll Gardner James Knoll Gardner United States District Judge

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