Costantini v. Guardian Life Insurance Co. of America

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

Plaintiff Charlotte Costantini has moved to remand to the Supreme Court of the State of New York this suit brought to recover benefits under a life insurance policy and alleging fraudulent activities connected with sale of the policy. The defendant Guardian Life Insurance Company (“Guardian”) removed the case to this court under 28 U.S.C. § 1441 on the grounds that plaintiff was covered as an employee under an ERISA plan, although plaintiff did not so allege in the complaint. The defendant William J. Murphy (“Murphy”) is accused of fraud…