Washburn
Washburn v. Prudential Insurance Co. of America
Opinion
Lead Opinion
Illston, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND
Defendant Prudential Insurance Company of America moves to dismiss plaintiff Gina Washburn’s complaint for failure to state a claim. On November 20, 2015, the Court heard arguments on defendant’s motion. For the reasons set forth below, the Court GRANTS defendant’s motion to dismiss plaintiffs complaint. Plaintiff is given leave to file an amended complaint by December 11, 2015. The case management conference scheduled for December 4,2015 is rescheduled for January 15, 2015 at 2:30 p.m.
BACKGROUND
The following allegations are taken from plaintiffs first amended complaint (“FAC”):
.Plaintiff Gina Washburn submitted a signed application for life insurance to defendant Prudential Life Insurance Company. Dkt. No. 13, FAC ¶ 12, Plaintiff alleges that “the application did not authorize' Prudential to charge compound interest on the balances due on policy and/or premium loans, nor did it even disclose that Prudential might do so.” Id.
On November 13,1989, defendant issued a life insurance policy (the “Policy”) to plaintiff. Id. Plaintiff never signed the Policy. Id. ¶ 13. The Policy…