Caplan

ORDER DENYING DEFENDANT HARTFORD’S MOTION TO DISMISS PLAINTIFF’S SECOND CLAIM FOR EQUITABLE RELIEF

Defendant Hartford Life Group Insurance Company (Hartford) moves pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the second claim in Plaintiffs first amended complaint. Plaintiffs second claim is for in-junctive or other equitable relief against Defendant Hartford pursuant to 29 U.S.C. § 1132 (a)(3). Plaintiff opposes the motion. The matter was decided on the papers. Having considered all of the papers filed by the parties on the motion, the Court DENIES the motion to dismiss.

BACKGROUND

Plaintiff David Caplan alleges that he was a participant in both the CNA Short Term Disability (STD) Plan and the CNA Long Term Disability (LTD) Plan (the Plans) which offered benefits to employees of CNA, including Plaintiff. The Plans provided benefits through an insurance policy issued by Continental Assurance Company which was administered by Hartford.

Plaintiff alleges that he filed for short-term disability benefits and Hartford denied his claim. He alleges that his attorney requested review of Hartford’s decision and submitted a claim for long-term disability benefits.

Plaintiff alleges that…