Gieger v. Unum Life Insurance Co. of America

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

Now before the Court is a motion by defendant Unum Life Insurance Company of America (“UNUM”) to dismiss the plaintiffs’ complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and to strike the plaintiffs’ demand for a jury trial (Doc. # 8). The plaintiffs, Jo Ann and Wendell Gieger, oppose (Doc. #30). For the following reasons, the Court grants in part and denies in part UNUM’s motion.

I. Background

The Giegers filed suit on October 26, 2001 in the Summit County Court of Common Pleas. They allege that Jo Ann Gieger was a full-time…