Alberts

Alberts v. Liberty Life Assurance Co.

Good Law
65 F. Supp. 3d 790·2014 WL 4099128·2014 U.S. Dist. LEXIS 115530
United States District Court, Northern District of CaliforniaAugust 19, 2014No. C 14-01587 RSCalifornia3,442 words

Opinion

Lead Opinion

Seeborg, J.

ORDER DENYING MOTION TO DISMISS IN PART PLAINTIFF’S FIRST AMENDED COMPLAINT

I. INTRODUCTION .

Karen Alberts was employed as a police officer for the University of California. As a university employee, she was covered by a supplemental disability insurance plan provided by Liberty Life Assurance Company of Boston (“Liberty”). In 2009, Al-berts sustained a wrist injury for which she received short-term disability benefits from Liberty. In February 2012, Liberty determined she was ineligible to receive long-term benefits and therefore stopped paying benefits to her. • After Liberty’s first motion to dismiss was granted in part, Alberts filed a First Amended Complaint (“FAC”) asserting claims for breach of contract, tortious breach of the covenant of good faith and fair dealing, and contractual *792 breach of the covenant of good faith and fair dealing. She seeks declaratory relief and damages, including punitive and exemplary damages, related to Liberty’s denial of her claim for long-term disability benefits.

Liberty now moves to dismiss plaintiffs tort claim on the basis of California’s applicable two-year statute of limitations. Liberty further moves to dismiss plaintiffs claims…

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