LeDonne v. AXA Equitable Life Insurance

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge.

Plaintiff William C. LeDonne alleges that defendant William A. Canady intentionally misrepresented his employer’s intent to pay disability benefits to induce LeDonne to purchase an insurance policy. Canady filed a motion to dismiss Counts III through IV of LeDonne’s Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, we grant Canady’s motion as to Counts III and TV, but deny it as to Count V.

BACKGROUND

When considering a motion to dismiss under Rules 12(b)(1) and (b)(6), we accept all well-pleaded…