Reaper
Reaper v. ACE American Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RED REAPER, Case No. 21-cv-05876-HSG
Plaintiff, ORDER GRANTING MOTION TO
DISMISS
v. Re: Dkt. No. 59 ACE AMERICAN INSURANCE
COMPANY,
11 Defendant. 12 Pending before the Court is Defendant ACE American Insurance Company’s third motion to dismiss. Dkt. No. 59. 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 detailed below, the Court GRANTS the motion. I. BACKGROUND The parties are familiar with the facts of this case. Plaintiff Red Reaper made a voluntary bone marrow donation to the National Marrow Donor Program (“NMDP”) in March 2012. See Dkt. No. 56 (“SAC”) at ¶ 1. ACE issued an insurance policy to NMDP (the “Policy”), which provides for both temporary and permanent disability benefits to eligible donors. See id. at ¶¶ 1, 10–17; see also Dkt. No. 11-3 (“ACE Policy”). Plaintiff states that NMDP explicitly told him that …