Legal Opinion

Thies v. Life Insurance Co. of North America

District Court, W.D. Kentucky

Decided February 19, 2013No. Case No. 5:12-CV-00081PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION & ORDER

THOMAS B. RUSSELL, Senior District Judge.

This matter is before the Court on the Defendant’s motion to dismiss. (Def.’s Mot., Docket Number (“DN”) 5.) The Plaintiffs have responded. (Pis.’ Resp., DN 6.) The Defendant has replied. (Def.’s Reply, DN 9.) Having considered the matter and being fully advised, the Defendant’s motion is DENIED.

I

In Thies v. Life Ins. Co. of N. Am., 804 F.Supp.2d 560 (W.D.Ky.2011), this Court held that the Defendant’s denial of the Plaintiffs’ claim for benefits was arbitrary and capricious. As a result, the Court remanded the benefits…

2Cases cited11 opinions

  1. Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
  2. Lloyd Marks v. Newcourt Credit Group, Inc.Court of Appeals for the Sixth Circuit · 2003
  3. Melissa Rawe Thomas J. Rawe Kimberly Rawe v. Liberty Mutual Fire Insurance Company Cynthia HoltcampCourt of Appeals for the Sixth Circuit · 2006
  4. Westwood Chemical Co., Inc. v. Richard W. Kulick, Arthur Fletcher, and Lenape Chemicals, Inc., Garry B. Curtiss and Joseph Drasner, Movants-AppelleesCourt of Appeals for the Sixth Circuit · 1981
  5. Skretvedt v. E.I. DuPont De NemoursCourt of Appeals for the Third Circuit · 2004

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3Cited by1 opinion

  1. Beverly R. Mowry, Individually, as Executor of the Estate of David C. Mowry, deceased, and as personal representative of the heirs and next of kin of David C. Mowry v. United States of AmericaDistrict Court, N.D. Ohio · 2026

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