Legal Opinion

Auto-Owners Insurance v. Edward D. Jones & Co. Employee Health & Welfare Program

District Court, W.D. Michigan

Decided September 23, 2010No. Case 1:09-CV-938Published

1Opinion of the Court

OPINION

ROBERT HOLMES BELL, District Judge.

Before the Court is Defendant’s motion to dismiss Plaintiffs complaint (Dkt. No. 1) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 11.) For the reasons given herein, the motion will be granted.

I. Background

Andrew Cove was injured in an automobile accident on July 28, 2003. At the time of the accident, Mr. Cove was an employee of Edward D. Jones & Co. and a participant in the Edward Jones & Co. Employee Health and Welfare Program (“Plan”), a self-funded ERISA plan. He was also insured for no-fault automobile insurance by…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
  5. Venture Associates Corporation, a Tennessee Corporation v. Zenith Data Systems Corporation, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1993

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