AMERICAN GENERAL LIFE COMPANIES, LLC

Judicial Publications

9th

12:635 Breach of Insurance Contract

civil

Insurance

AIG Affinity Benefit Solutions

Defendant

AIG Benefit Solutions

Defendant

AMERICAN GENERAL LIFE COMPANIES, LLC

Defendant

American International Group

Defendant

The United States Life Insurance Company of the City of New York

Defendant

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2017-02-08

MEMORANDUM DECISION & ORDER Plaintiff's Motion for Partial Summary Judgement (Dkt. 18) is GRANTED IN PART AND DENIED IN PART. The motion is granted on the breach of contract claim and denied as to the promissory estoppel claim which is deemed moot by the ruling on the breach of contract claim. Defendant's Motion for Summary Judgment (Dkt. 23) is GRANTED IN PART AND DENIED IN PART. The motion is granted on Plaintiffs claims of bad faith and negligent adjustment, denied on the breach of contract claim and the promissory estoppel claim is dismissed as being moot. The parties' Motions to Strike (Dkts. 27, 28, 36 and 39) are deemed MOOT. Plaintiff's Motion for Relief from Scheduling Order (Dkt. 50) is DENIED. Plaintiff's Motion to Amend the Complaint to Allege a Claim for Punitive Damages (Dkt. 51) is DENIED. Plaintiff's Motion to Preclude Application of the Non-Economic Damages Limitation (Dkt. 52) is DENIED. Plaintiff's counsel shall submit a proposed Judgment consistent with this Memorandum Decision and Order for the Court's consideration. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) Modified on 10/23/2017 to indicate this MDO is VACATED by Order dkt 102 (jp).