Brighton Trustees, LLC v. Transamerica Life Insurance Company

I. INTRODUCTION AND BACKGROUND

The Court previously set out the factual and procedural background of this case in its August 28, 2019 order. Accordingly, the Court only recites the background that gives rise to the present motion to dismiss. Plaintiffs Brighton Trustees, LLC (“Brighton”), Cook Street Master Trust (“Cook Street”), Diamond LS Trust (“Diamond LS”), and Bank of Utah filed this action against defendant Transamerica Life Insurance Company (“Transamerica”) on May 15, 2019. Dkt. 1. On June 10, 2019, Brighton, Cook Street, Diamond LS, Bank of Utah, and additional plaintiffs, Cook Street Master Trust II] and Wilmington Trust, National Association, filed a first amended complaint against Transamerica. Dkt. (“FAC”). The FAC asserts claims for: (1) breach of contract; (2) contractual breach of the implied covenant of good faith and fair dealing: (3) tortious breach of the implied covenant of good faith and fair dealing; and (4) declaratory relief. Id. Transamerica moved to dismiss the FAC on July 10, 2019. Dkt. 28. On August 28, 2019, the Court granted, in part, and denied, in part, Transamerica’s motion to dismiss. Dkt. 37. The Court denied …