Arber v. Equitable Beneficial Life Insurance

MEMORANDUM AND ORDER

JOYNER, District Judge.

Defendant, Equitable Beneficial Life Insurance Company has filed a motion to dismiss the Plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. That motion will be granted in part for the reasons set forth below.

I. STATEMENT OF RELEVANT FACTS

This case, which was instituted under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq., originated on or about May 7,1993 when the defendant insurer denied a claim for medical benefits submitted by plaintiff…