Potovsky

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

Plaintiffs,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

LINCOLN BENEFIT LIFE, Re: Dkt. No. 32 Defendant.

Defendant Lincoln Benefit Life (“Lincoln”) moves to dismiss the Second Amended Complaint (“SAC”) 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, anticipatorily breached the contract, and committed financial elder abuse when it refused to cover Patricia Potovsky’s claim for long-term care benefits. The fundamental problem with their claims is that the insurance policy in question is a reimbursement policy, and the Potovskys did not incur or submit any covered expenses to be reimbursed. As a result, they cannot adequately allege performance or that they sustained damages stemming from Lincoln’s purported breach of contract. Their anticipatory breach…