Dolan et al v. PHL Variable Insurance Company et al

Filing 116

ORDER (memorandum filed previously as separate docket entry). (1) Defendant Forethought Life Insurance Companys Motion to Dismiss (Doc. 95) Plaintiffs Second Amended Complaint (Doc. 89) is GRANTED in part and DENIED in part as follows:(a) Count II of the Second Amended Complaint is DISMISSED withprejudice.(2) Defendant North American Company For Life and Health Insurances Motion to Dismiss (Doc. 96) Plaintiffs Second Amended Complaint (Doc. 89) is GRANTED, and Counts I and II of the Second Amend ed Complaint are DISMISSED with prejudice.(3) Defendant Allianz Life Insurance Company of North Americas Motion toDismiss (Doc. 97) Plaintiffs Second Amended Complaint (Doc. 89) is GRANTED, and Counts I and II of the Second Amended Complaint are DISM ISSED with prejudice.(4) Defendant PHL Variable Insurance Companys Motion to Dismiss (Doc. 98)Plaintiffs Second Amended Complaint (Doc. 89) is GRANTED in part andDENIED in part as follows:(a) Count II of the Second Amended Complaint is DISMISSED with prejudice.Signed by Honorable A. Richard Caputo on 4/6/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TIMOTHY AND ANN DOLAN, et. al.,
CIVIL ACTION NO. 3:15-CV-01987
Plaintiffs,
(JUDGE CAPUTO)

v.
PHL VARIABLE INSURANCE
COMPANY, et. al.,
Defendants.
ORDER

NOW, this 6th day of April, 2018 IT IS HEREBY ORDERED that:
(1)

Defendant Forethought Life Insurance Company’s Motion to Dismiss (Doc.
95) Plaintiffs’ Second Amended Complaint (Doc. 89) is GRANTED in part
and DENIED in part as follows:
(a)

Count II of the Second Amended Complaint is DISMISSED with
prejudice.

(2)

Defendant North American Company For Life and Health Insurance’s
Motion to Dismiss (Doc. 96) Plaintiffs’ Second Amended Complaint (Doc.
89) is GRANTED, and Counts I and II of the Second Amended Complaint
are DISMISSED with prejudice.

(3)

Defendant Allianz Life Insurance Company of North America’s Motion to
Dismiss (Doc. 97) Plaintiffs’ Second Amended Complaint (Doc. 89) is
GRANTED, and Counts I and II of the Second Amended Complaint are
DISMISSED with prejudice.

(4)

Defendant PHL Variable Insurance Company’s Motion to Dismiss (Doc. 98)
Plaintiffs’ Second Amended Complaint (Doc. 89) is GRANTED in part and
DENIED in part as follows:

(a)

Count II of the Second Amended Complaint is DISMISSED with
prejudice.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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