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15-11600 - Stewart v. The Northwestern Mutual Life Insurance Company et al


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15-11600 - Stewart v. The Northwestern Mutual Life Insurance Company et al
April 18, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 4/18/2016: For the foregoing reasons, the Court grants defendants' motion to dismiss [dkt. no. 5]. Stewart was unable to recover the benefit payable under her husband's policy because the policy was lapsed at the time he died; no revised complaint could plausibly allege otherwise. Because it is clear that the defects in Stewart's claims are legal defects that cannot be avoided by repleading, see Bogie v. Rosenberg, 705 F.3d 603, 608 (7th Cir. 2013) ("Leave to amend need not be granted... if it is clear that any amendment would be futile."), the Court directs the Clerk to enter judgment in favor of defendants. Mailed notice. (pjg, )