McColgan
McColgan v. Mutual of Omaha Insurance
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…