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TERMINI v. LIFE INS. CO. OF NORTH AMERICA

No. 2:06 CV 591.

464 F.Supp.2d 508 (2006)

Toni TERMINI, individually, and as Executor of the Estate of Salvatore Termini, deceased, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, and Cigna Group Insurance Companies, a subsidiary of Cigna Corporation, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

December 8, 2006.

Attorney(s) appearing for the Case

Daniel M. Schieble, Esq., Philip J. Infantino, III, Esq., Richard H. Matthews, Esq., Pender & Coward PC, Virginia Beach, VA, for Plaintiff.

Eric W. Schwartz, Esq., John C. Lynch, Esq., John S. Hubbard, Esq., Troutman Sanders LLP, Virginia Beach, VA, for Defendant Life Insurance Company of North America.

MEMORANDUM OPINION

REBECCA BEACH SMITH, District Judge.

This matter is before the court on plaintiffs motion to remand the case to state court, defendant Life Insurance Company of North America's ("LINA") motion to dismiss for failure to state a claim, and plaintiffs motion for leave to amend. For the reasons stated below, plaintiffs motion to remand is DENIED, LINA's motion to dismiss is GRANTED-IN-PART and DENIED...

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