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BURKE v. ABILITY INSURANCE COMPANY

CIV. 12-4051-KES.

TERRY BURKE as personal representative of the estate of Berniece Hermsen, and in his capacity as previous attorney in fact for Berniece Hermsen, Plaintiff, v. ABILITY INSURANCE COMPANY, f/k/a Medico Life Insurance Company; ABILITY RESOURCES, INC.; ABILITY RESOURCES HOLDINGS, INC.; ABILITY REINSURANCE HOLDINGS LIMITED, BERMUDA; and ABILITY REINSURANCE LIMITED, BERMUDA, Defendants.

United States District Court, D. South Dakota.

May 31, 2013.

Attorney(s) appearing for the Case

Berniece Hermsen, Estate Plaintiff, represented by Michael C. Abourezk , Abourezk Law Firm & Seamus Culhane , Turbak Law Office, P.C..

Terry Burke, Plaintiff, represented by Michael C. Abourezk , Abourezk Law Firm & Seamus Culhane , Turbak Law Office, P.C..

Ability Insurance Company, Defendant, represented by Daniel F. Duffy , Bangs, McCullen, Butler, Foye & Simmons, Gregory J. Erlandson , Bangs, McCullen, Butler, Foye & Simmons, Terry G. Westergaard , Bangs, McCullen, Butler, Foye & Simmons, Angela C. Zambrano , Weil, Gotshal & Manges, LLP & Kevin F. Meade , Weil, Gotshal & Manges LLP.

Ability Resources, Inc., Defendant, represented by Stephen C. Landon , Cadwell, Sanford, Deibert & Garry, LLP & Steven W. Sanford , Cadwell, Sanford, Deibert & Garry, LLP.

Ability Resources Holdings, Inc., Defendant, represented by Stephen C. Landon , Cadwell, Sanford, Deibert & Garry, LLP & Steven W. Sanford , Cadwell, Sanford, Deibert & Garry, LLP.

Ability Reinsurance Holdings Limited, Defendant, represented by Stephen C. Landon , Cadwell, Sanford, Deibert & Garry, LLP & Steven W. Sanford , Cadwell, Sanford, Deibert & Garry, LLP.

Ability Reinsurance Limited, Defendant, represented by Stephen C. Landon , Cadwell, Sanford, Deibert & Garry, LLP & Steven W. Sanford , Cadwell, Sanford, Deibert & Garry, LLP.

MEMORANDUM OPINION AND ORDER

KAREN E. SCHREIER, District Judge.

Plaintiff, Terry Burke, personal representative of the estate of Berniece Hermsen and in his capacity as previous attorney in fact for Hermsen, brought this claim against defendants alleging breach of contract, bad faith, fraud, and misrepresentation stemming from the scope of coverage of Hermsen's long-term care insurance policy. Docket 31. Burke moves to compel production of documents related...

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