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17-6588 - Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A. et al


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17-6588 - Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A. et al
May 7, 2018
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denied to the extent that Count IV seeks restitution for premiums paid by the Bank and otherwise is granted. Nelsens motion 40 to dismiss is denied. [see STATEMENT-OPINION] Electronic notice (kms)ORDER-WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 5/7/2018: For the reasons stated below, the portion of plaintiff's motion 32 directed to striking the first through thirteenth and the fifteenth affirmative defenses is denied as to the sixth, seventh and eighth affirmative defenses to the extent they relate to a return of premiums paid. Otherwise, the request to strike the first through thirteenth and the fifteenth affirmative defenses is granted. Plaintiff's motion to dismiss Counts I and II of the counterclaim are denied. Plaintiff's motion to dismiss Count III of the counter claim is granted. Plaintiff's motion to dismiss Count IV of the counterclaim is granted in part and denied in part. It is