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BINGHAM v. CNA FINANCIAL CORP.

No. 04 C 2581.

408 F.Supp.2d 563 (2005)

Diane BINGHAM, Plaintiff, v. CNA FINANCIAL CORP., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

December 19, 2005.

Attorney(s) appearing for the Case

Howard L. Teplinsky, Ottenheimer, Teplinsky, Rosenbloom, LLC, Buffalo Grove, IL, for Plaintiff.

Steven L. Gillman, Kelly Dawn DeWitt, Todd David Steenson, Holland & Knight LLC, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Plaintiff Diane Bingham brought an action against CNA Financial Corporation (CNA), alleging violation of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132, and equitable estoppel. Defendant moved to dismiss pursuant to FED. R. CIV. P. 12(b)(6) for failure to exhaust administrative remedies, and the motion was granted, with leave to reinstate. After exhausting her administrative...

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