Garrett Ex Rel. Estate of Garrett v. Unum Life Insurance Co. of America

ORDER

LAWSON, District Judge.

Before this Court is Defendant’s Motion to Dismiss or, alternatively, Motion for Judgment on The Pleadings (Doc. 5) and Plaintiffs Motion for Leave to File Amended Complaint (Doc. 21). For the reasons contained herein, Defendant’s motion is granted in part and denied in part, and Plaintiffs motion is granted in part and denied in part.

I. Facts

This action arises out of the denial of a claim for insurance death benefits on behalf of William E. Garrett. Evelyn Hope Garrett, the decedent’s wife and adminis-tratrix of his estate, filed suit against Unum Life Insurance…