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16-705 - ERNST v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE


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16-705 - ERNST v. NORTH AMERICAN COMPANY FOR LIFE AND HEALTH INSURANCE
March 28, 2017
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MEMORANDUM OPINION AND ORDER. Signed by JUDGE THOMAS D. SCHROEDER on 3/27/2017, that NAC's motion to dismiss (Doc. 15) is GRANTED as to count II (misrepresentation - unfair claims handling practices) and count III (estoppel/waiver) of the complaint, which will be DISMISSED WITH PREJUDICE, and DENIED as to count IV (negligent misrepresentation - gross negligence) to the extent noted herein. FURTHER that Jackson's motion to dismiss (Doc. 22) is GRANTED as to count I of the counter-claim against Ernst and cross-claim against Jackson (interpleader), which will be DISMISSED WITH PREJUDICE, and DENIED as to count II (unjust enrichment). (Daniel, J)