Yost v. Anthem Life Insurance Company

Filing 23

ORDER 1. Defendant's Motion to Dismiss, (Doc. 7), is GRANTED in part and DENIED in part. 2. Defendant's Motion to Dismiss Count I of the Complaint is DENIED. 3. Defendant's Motion to Dismiss Count II of the Complaint is GRANTED.Count II of the Complaint is DISMISSED WITH PREJUDICE. 4. Defendant's Motion to Dismiss Count III of the Complaint is GRANTED. Count III of the Complaint is DISMISSED WITH PREJUDICE.Signed by Honorable Robert D. Mariani on 8/2/16. (jfg)

1
1
,
!

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIC YOST, individually and on
behalf of a class of similarly situated
individuals,
I

I

Plaintiff,

v.

3: 16-CV-00079

(JUDGE MARIANI)

ANTHEM LIFE INSURANCE
COMPANY

\

I

f

I
t

I

Defendant.

I
!
i

ORDER
AND NOW,

THISd)({~ DAY OF AUGUST, 2016, upon consideration of Defendant

Anthem Life Insurance Company's Motion to Dismiss, (Doc. 7), and all accompanying briefs

I
i

1
!

I
j

and exhibits filed in support and in opposition to the Motion, IT IS HEREBY ORDERED

I
,
I

j

THAT:

t

1. Defendant's Motion to Dismiss, (Doc. 7), is GRANTED in part and DENIED

I
[

I

in part.
2. Defendant's Motion to Dismiss Count I of the Complaint is DENIED.

I
I

t
~

t

3. Defendant's Motion to Dismiss Count II of the Complaint is GRANTED.
Count II of the Complaint is DISMISSED WITH PREJUDICE.

!
I_

4. Defendant's Motion to Dismiss Count III of the Complaint is GRANTED.

I

l
t

Count III of the Complaint is DISMISSED WITH PREJUDICE.

I
j

,

I
i

!

t

!