Lowenberg
Lowenberg v. Illinois Mutual Life Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRANK LOWENBERG, et al., Case No. 21-cv-09739-HSG
Plaintiffs, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S v. MOTION TO DISMISS
ILLINOIS MUTUAL LIFE INSURANCE Re: Dkt. No.
COMPANY,
11 Defendant. 12 Pending before the Court is Defendant’s motion to dismiss, which is fully briefed. Dkt. Nos. 16 (“Mot.”), 35 (“Opp.”), 43 (“Reply”). The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion to dismiss. I. BACKGROUND Plaintiff alleges that he purchased a medical insurance policy (“Policy”) from Illinois Mutual Health in 1972 while residing in Michigan. Dkt. No. 1-2, Exh. A (“Compl.”) ¶¶ 13, 15. Plaintiff asserts that he moved to California shortly thereafter and that he maintained continuous coverage for nearly fifty years by paying…