Hira et al v. New York Life Insurance Company

Filing 36

ORDER granting in part and denying in part 25 the defendant's MOTION to Dismiss as follows: plaintiffs' claims for fraud, constructive fraud, breach of fiduciary duty, civil RICO, and unjust enrichment are DISMISSED. The case will proceed solely on plaintiffs' breach of contract claim. Signed by District Judge Thomas W Phillips on May 4, 2015. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
BHAGUBHAI HIRA, PRADIP HIRA, )
and SHIRISH HIRA,
)
)
v.
)
)
NEW YORK LIFE INSURANCE
)
COMPANY,
)

No. 3:13-cv-527

ORDER
For the reasons set forth in the accompanying memorandum opinion, the
defendant’s motion to dismiss [Doc. 25] is GRANTED in part and DENIED in part as
follows: plaintiffs’ claims for fraud, constructive fraud, breach of fiduciary duty, civil
RICO, and unjust enrichment are DISMISSED.

The case will proceed solely on

plaintiffs’ breach of contract claim.
IT IS SO ORDERED.

s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE