Gray
Gray v. United of Omaha Life Insurance Co.
Opinion
Lead Opinion
Fitzgerald, J.
Proceedings (In Chambers): ORDER RE MOTION TO DISMISS [22]
Before the Court is Defendant United of Omaha Life Insurance Company’s (“United”) Motion to Dismiss Plaintiffs First Amended Complaint (the “Motion”), filed January 23, 2017.. (Docket No. 22). Plaintiff Gannon Gray filed his Opposition on February 8, 2017., (Docket No. 26). United replied on February 22, 2017. (Docket No. 27). The Court has read and considered the papers filed on the Motion and held a hearing on March 13, 2017.
For the reasons set forth below, the Motion is DENIED. The Court agrees with Plaintiff that binding authority in this jurisdiction does not require that, under the language of the model statute enacted in California, a claim for disability benefits accrues at the onset of the disability. The Court further agrees with the majority of courts outside this jurisdiction, which interpret the model language to require that a claim for disability benefits accrues at the termination of a period of covered disability.
I. BACKGROUND
The First Amended Complaint alleges the following facts, which the Court takes as true and construes in the light most favorable to Plaintiff. See, e.g., Schueneman v. Arena…