Potovsky

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IRA POTOVSKY, et al., Case No. 23-cv-02235-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

LINCOLN BENEFIT LIFE, Re: Dkt. No. 20 Defendant.

12 Defendant Lincoln Benefit Life (“Lincoln”) moves to dismiss a First Amended Complaint (“FAC”) brought by Ira and Patricia Potovsky (“the plaintiffs”), who allege that Lincoln breached their insurance contract and the implied covenant of good faith and fair dealing, and committed financial elder abuse when it refused to cover Patricia Potovsky’s claim for long-term care benefits. The breach of contract claim does not adequately allege performance (or excuse for nonperformance) by the plaintiffs, or that they incurred damages as a result of Lincoln’s purported breach. The good faith claim does not plausibly allege that the plaintiffs were entitled to benefits or that Lincoln acted in bad faith. And the elder abuse claim depends on the allegation that the plaintiffs were incorrectly…