Gatti v. National Union Fire Insurance

MEMORANDUM REGARDING DEFENDANT’S MOTION TO DISMISS (Dkt No. 5)

PONSOR, District Judge.

I. INTRODUCTION

This memorandum is intended to follow up on the court’s brevis in-court order on April 9, 2013, denying Defendant’s motion to dismiss Plaintiffs Employee Retirement Security Act of 1974 (“ERISA”) claims on the basis of res judicata. The court’s decision remains unchanged; the memorandum will memorialize its reasoning.

II. FACTS

The relevant, undisputed facts are straight-forward. On May, 19, 2009, Plaintiff Ann C. Gatti, the sole beneficiary of the accidental death policy at issue, presented her…