Klees
Klees v. Liberty Life Assurance Co.
Opinion
Lead Opinion
Pregerson, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
Presently before the Court is Defendant’s motion to dismiss the complaint as to both counts. (Dkt. No. 15.) Having heard oral arguments and considered the parties’ submissions, the Court adopts the following order.
I. BACKGROUND
Plaintiff is a former employee of the University of California (UC) system who alleges that she was provided disability insurance coverage by Defendant pursuant to an agreement with the university. (First Amended Complaint (“FAC”), ¶ 6.) Plaintiff alleges that she suffered “sickness and injury” “on or before January 1, 2012.” (Id. at ¶ 8.) She alleges that her conditions included seronegative inflammatory arthritis, fibromyalgia, and injuries from a car accident, and that these constitute a “loss compensable under the terms of the Policy.” (Id.) She further alleges that she had performed all obligations on her part, including paying premiums, that she submitted a timely long term disability claim to Defendant, and that Defendant initially approved the claim. (Id. at ¶¶ 7, 9.)
Plaintiff alleges she was examined, at Defendant’s request, by a Dr. Vlachos on May 8, 2014, and that Dr. Vlachos’ report indicated…