McColgan

McColgan v. Mutual of Omaha Insurance

Good Law
4 F. Supp. 3d 1228·2014 WL 840307·2014 U.S. Dist. LEXIS 27728
United States District Court, Eastern District of CaliforniaMarch 4, 2014No. 2:13-cv-02417-JAM-DADCalifornia2,771 words

Opinion

Lead Opinion

Mendez, J.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

This matter is before the Court on Defendant Mutual of Omaha Insurance Com *1230 pany’s (“Defendant”) Motion to Dismiss (Doc. # 4) Plaintiff Sandra C. McColgan’s (“Plaintiff’) Complaint (Doc. # 1). Plaintiff opposes the motion (Doc. # 11). Defendant replied (Doc. # 15). 1 Plaintiff submitted objections (Doc. # 9) to the declarations submitted by Defendant (Doc. # 4-2, 4^4). Defendant responded to those objections (Doc. # 16). For the following reasons, Defendant’s Motion to Dismiss is GRANTED.

I. BACKGROUND

According to the allegations in the Complaint, in November 2006, Plaintiffs husband, Michael McColgan (“Decedent”), entered into a contract with Defendant insuring him against death due to accidental causes. Comp. ¶ 6. Plaintiff was the named beneficiary under the terms of the policy. In September 2012, Decedent accidentally suffered a fatal fall. Decedent made timely payments of the premiums up until his death.

Plaintiff alleges that Defendant was thereupon obligated to pay her the sum of $500,000 pursuant to the agreement. Comp. ¶ 8. Despite her demand for full payment, Defendant has received only $100,000. Id. ¶ 9. She has…

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