Stenger v. Provident Life & Accident Insurance

ORDER

STADTMUELLER, Chief Judge.

Currently before the court in this action seeking reinstatement of cancelled insurance benefits are two motions: defendant’s principal motion for summary judgment on preemption grounds, and defendant’s alternative motion for partial summary judgment on the ground that the plaintiff failed to state a claim for bad faith termination of benefits. 1 For the following reasons, both motions will be denied.

BACKGROUND

For many years plaintiff George Stenger maintained a general medical practice as a solo practitioner in New Berlin and Wau-watosa, Wisconsin. In order to…