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Chiroff v. Life Insurance Company of North America

United States District Court, S.D. Florida
Nov 16, 2000
142 F. Supp. 2d 1360 (S.D. Fla. 2000)

Summary

dismissing § 1132 claim because plaintiff asserted a § 1132(B) claim

Summary of this case from Rodriguez v. Aetna Life Ins. Co.

Opinion

CASE NO. 00-10051-CIV-HIGHSMITH

November 16, 2000

Michael M. Tobin, Michael M. Tobin, P.A., Coral Gables, FL, for Richard T. Chiroff, plaintiff.

Alan Harrison Brents, Katz Kuter Haigler Alderman Bryant Yon, Tallahassee, FL, Ralph Colby losey, Katz Kutter

Haigler Alerman Bryant Yon, Orlando, Fl, for Life Insureance Company of North America, defendant.


ORDER

THIS CAUSE came before the Court upon the Report and Recommendation issued by Magistrate Judge Barry L. Garber on October 18, 2000 and plaintiff's objection thereto. Upon a de novo review of this matter, it is

ORDERED AND ADJUDGED that Magistrate Judge Garber's Report and Recommendation is APPROVED and ADOPTED in all respects. Accordingly, it is further

ORDERED AND ADJUDGED that Defendant Life Insurance Company of North America's ("LINA") motion to dismiss is GRANTED as follows. Plaintiff's first claim is DISMISSED without prejudice with leave to refile naming CIGNA, instead of LINA, as the proper defendant. plaintiff's second, third and fourth claims for relief are

DISMISSED with prejudice. Plaintiff has fifteen days from the date of this order to amended hid complaint in accordance with this order and CIGNA has fifteen days thereafter to answer the amended complaint.

DONE AND ORDERED in Chambers, at Miami, Dade County, Florida.


Summaries of

Chiroff v. Life Insurance Company of North America

United States District Court, S.D. Florida
Nov 16, 2000
142 F. Supp. 2d 1360 (S.D. Fla. 2000)

dismissing § 1132 claim because plaintiff asserted a § 1132(B) claim

Summary of this case from Rodriguez v. Aetna Life Ins. Co.
Case details for

Chiroff v. Life Insurance Company of North America

Case Details

Full title:Richard T. Chiroff, M.D., Plaintiff, v. Life Insurance Company Of North…

Court:United States District Court, S.D. Florida

Date published: Nov 16, 2000

Citations

142 F. Supp. 2d 1360 (S.D. Fla. 2000)

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