Khatchatrian

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

This matter is before the Court on cross motions for summary judgment filed by Plaintiff Ashot Khatchatrian (alternatively, “Plaintiff’ or “Khatchatrian”) and Defendant Continental Casualty Company (alternatively, “Defendant” or “CNA”). Both Plaintiff and Defendant seek summary judgment on each of Plaintiffs three causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing and negligence. In addition, Defendant seeks summary adjudication that Plaintiff, even if ultimately the prevailing party, is not entitled to recover punitive damages as pled in the Complaint. Because the Court finds summary judgment for Defendant is warranted, Defendant’s motion is GRANTED. As such, Plaintiffs cross motion is DENIED.

FACTS

The material facts are not in dispute. Plaintiff is the sole named beneficiary on an accidental death and dismemberment policy issued by Defendant to Evengy Var-ioushkine. (Defendant’s Response to Plaintiffs Statement of Material Facts (“Def.’s Response”) ¶¶ 2, 3). The policy became effective August 1, 1999.…