Foisy v. Royal MacCabees Life Insurance

MEMORANDUM AND ORDER WITH REGARD TO COUNT V OF PLAINTIFF’S COMPLAINT

NEIMAN, United States Magistrate Judge.

This six-count action was brought by Rita Foisy (“Plaintiff’) against Royal Maccabees Life Insurance Company and Reassure America Life Insurance Company (“Defendants”) with regard to an annuity contract. Prior to the matter going to the jury in September of 2002, the court dismissed three counts: Counts II (quantum meruit), III (intentional misrepresentation) and VI (alleging a violation of Mass.Gen. L. ch. 175, § 129). On September 12, 2002, the jury found in Plaintiffs favor with…